Copyright 1996 Bruce E. Methven. All Rights Reserved. Patents a. Scope.
Patents generally cover inventions, meaning technology.
This makes patent protection for software problematic. The invention must not be known, already invented or used by others in the U.S., or patented or described in any publication anywhere in the world. The hardest hurdle to overcome. Very roughly, the invention must not be obvious to a practitioner of ordinary skill who has comprehensive knowledge of the field. One problem with patents is that, upon issuance, the owner loses any trade secret rights.