INTELLECTUAL PROPERTY PROTECTION FOR DIGITAL SYSTEMS
David P. Krivoshik · 2000
Traditionally, computer software, a process based on a mathematical formula, and a method of doing business were three types of intellectual property that were excluded from patentability. The courts have referred to these exceptions as the “mathematical algorithm” exception and the “business method” exception. The U.S. Supreme Court has upheld Federal Court decisions essentially indicating that computer software, a process based on a mathematical formula, and a business method are patentable subject matter. This has opened the door to new and powerful ways to protect these kinds of intellectual property. This trend leads to the interesting situation in which software can be protected simultaneously by patent, copyright, and trade secret laws. A patent can protect a software idea, while copyright and trade secret laws can protect the details of the software as an unpublished work. This multifaceted legal protection can provide significant financial and competitive advantages for the software developer, as well as establish barriers.