Pros and Cons of Patent and Copyright Protection?

• Pros and Cons of Patent Protection

The main advantage of obtaining patent protection is that it protects the idea of the software itself, allowing for greater economic exploitation. Copyright does not cover the protection of an idea. The patentee will have access to a variety of profitable avenues, such as licencing fees and royalties. Software patents also improve the company that owns the patent's bargaining power. However, there are some drawbacks.

To begin with, software patents are not easily granted. The patent examiner conducts a thorough examination of the software patent, which may not meet the patentability criteria. Second, the software is constantly evolving and changing.

As a result, when the latest version is released, older versions of the software that have received a patent will become obsolete. This is especially problematic given the high cost of maintaining patents. With this in mind, let's look at copyright protection.

• The Benefits and Drawbacks of Copyright Protection

The main advantage of copyright is that it is relatively simple to obtain copyright registration. Furthermore, copyright is created automatically when the software is created. Second, both old and new versions of software are protected in India by a copyright application. The applicant is required to submit the source and object codes under Rule 70(5) of the Copyright Rules. They do not, however, have to be completed versions. Finally, a copyright has a much longer term (lifetime plus 60 years) than a patent (20 years).

The main issue with copyright protection is that it only protects the expression of an idea, not the idea itself.

As a result, when it comes to software, only the written code in source code or object code format is protected, and any third party can replicate the software's functional features. Any third party can express the concept by creating software.