質問
We have been developing an innovative new kind of VR software which we would like to protect legally before launching the product worldwide. I understand that a USPTO patent would only give protection for the US -- how do software companies usually protect their IP on a global level? What are best practices in your experience?
回答: 4 公開 & 0 非公開
You need to obtain patents in those countries within which you want to commercialize your software. Patents are territorial - they only protect you in those countries in which you have patents. If you have filed a US patent application, one of the best ways to proceed further is to file a PCT patent application - this effectively begins to open the door to foreign countries - you need to file your PCT application within one year of filing your US application, and then, for most countries, you need to select those countries where you want to proceed further within 30 months from the US application filing. Some deadlines may vary so consult a patent professional for the particular countries that you are interested in. Copyrights may also be an avenue to pursue - again, check with an IP professional so as to truly determine what protection you can achieve,
In addition to Steven's answer, please note that in theory the software is not "patentable" under European patent law, but in practice, a process including an original software and producing a technical effect by means thereof is considered as "patentable ".
Under these conditions, the European part of your PCT patent application may be represented and supported by a European patent application which lead to many national patents in the targeted countries there.
In practice, European patents are maintained in force by applicants only in some "key" countries such as Great Britain, Germany, France, Italy, Switzerland, Spain, Poland, Sweden and Turkey to mention only the most important.
Meanwhile, your VR application is already protected as such, the mere fact of its creation, by the copyright law on a large part of Europe and especially in the countries of Latin Roman tradition like France. When this is the case, you simply should take precautions consisting in depositing the source codes of your software with private organizations in order to avail yourself of the date of creation and ownership of your VR software.
In Europe, the best practices of leading software editors are therefore to combine protection by the copyright and the patent right, the idea being that the software is directly protected by the copyright way and indirectly by the patent way due to its integration in a process which is - itself -directly protected by the patent way.
We have a great habit of such cumulation of legal protection and are assisted by patent engineers throughout Europe. Feel free to contact me directly if you want details.
Simon
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