Outsourced programs: ownership issues arise; if freelancer retains copyright in software, patent title still may belong to commissioner

Article Abstract:

The United States Court of Appeals for the Federal Circuit's ruling in State Street Bank & Trust Co. v. Signature Financial Group, Inc. made clear that a program created by a freelance computer programmer for a corporation embodied both patent and trade secret law, because the program was a patentable invention, but the program created by a programmer for a client could amount to a trade secret. Federal law controls the scope of a property right in patents, but the ownership of a patent and of trade secret rights are matters of state law. Many cases deal with the ownership of these rights as between employer and employed inventor.

Cases, Self-employed persons, Self employed persons, Works made for hire doctrine (Copyright)

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Beyond copyright law: how to protect software; the Supreme Court punted in January, so lawyers are looking at patent law, licensing and trade secret remedies

Article Abstract:

Computer lawyers wanting to protect software face the problem that computer products are rapidly outdated while case law develops slowly. Protections they use include trade secrets, patents and private licenses. Federal copyright law applies to the original expression in computer programs, while patent law applies to the technology used. Trade secret law looks at whether ideas are similar rather than at their exact expression. Various parts of intellectual property law must be coordinated.

Analysis, Software protection, Copy protection

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