Intellectual Property Protection of Computer Software

1 unit

Intellectual property (IP) protection for computer software continues to evolve, with recent case law impacting how software may be protected with copyrights, patents and trade secrets. While software has taken a central role in our information and automation-driven lives, the legal mechanisms that can be used to protect software innovation have not always kept up with this fast-moving technology. Some have argued that certain types of IP, such as patents, are not well-suited to software inventions, while others argue that only the process of granting and enforcing patents needs to be improved. There are many sides to the debate, but in the meantime IP lawyers routinely use existing IP laws to protect their clients' software innovation, while the U.S. Patent and Trademark Office (USPTO) continues to grant software patents, and the courts regularly render decisions on infringement and validity of IP rights for software. The present course will provide an overview and background regarding the legal mechanisms that may be used to protect software, including copyrights, patents and trade secrets. A review of real-world commercialization and disputes involving software patents, copyrights and trade secrets will be presented and discussed, and the students will have an opportunity to analyze and debate practical problems involving IP protection for software. Class attendance is mandatory. The class will be graded on the curve. Students are expected to thoroughly read the course materials prior to the start of the class. There will be a take-home final exam, to be administered the following weekend--via Exam4.