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Software company patent
A Software Company Patent is the Door to a World of Confusion
There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them.
The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent.
The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected.
Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent.
It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either.
One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.
US copyright law U.S. Copyright Law Covers Artistic Expression and Creative and Intellectual Works The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. Copyrights cover published and unpublished work. Anyone who is in the creative arts arena should be very careful that they do not violate US Copyright Law. For that matter, anyone who is a fan of the creative arts should make sure they are not in violation of a copyright. Simple things like uploading, downloading and sharing music or movie files can result in serious charges and fines being brought against them. With the popularity of the Internet and file sharing software there many copyrights are currently being violated. Copyright owners are starting to take a stand against them and are hunting down the perpetrators. Be careful that you are not overstepping your boundaries and violating someone’s copyright law. What Career Coaching Can Do to Help Land a Better Job A career coach is something many people have heard of but few actually understand what they do. Career coaching has become more popular in recent years, and they are actually used by many people who already are employed to help them stay on the right track in their career. If you are looking for a job, however, and especially if your job search is proving difficult and painful, a career coach might be just what you need to get your search on track. Career coaches get a lot of flack by trade. Some people laugh them off as the latest in the line of self help gurus that people spend a lot of money to see, often with mixed results. To some people, career coaches are up there with psychoanalysts and personal trainers – accessories of the rich but not very relevant to your every day kind of person. This assessment of career coaches might not be entirely fair, however. Career coaches can, and have, helped tons of people get on the right track in their job searches and have helped even more people not only find a job, but find a career that they love. So, just what can a career coach do for you? If you are job hunting within a certain industry, a career coach can help you narrow down your choices while simultaneously making sure you are putting your best foot forward when you go out there on the hunt. Sometimes, especially if you have been in a field for a long time, the skills you are highlighting on your resume are stale or the language you use to talk about your work history is outdated. In addition, a career coach can help you make sure that when you go into a job interview you can present yourself as on top of the latest developments in the field and as a person who could jump right into the job without needing a lot of training or guidance. The same goes for someone who is trying to get a job in a new field. A career coach will give you pointers about that field and the companies in the field as well as giving you general advice about the typical culture of that business – what kind of lingo is used, where the industry is centered, who the big players are, and even how to dress for your interview so that you look the part. Career coaches can also make sure your resume is in order and showing off your skills in the best light possible. This help a career coach provides when you know what kind of job you are looking for is all well and good, but they can do even more when you know you need a job, but you just don’t know what you want to do. If you have been frustrated in your career goals in the past, a career coach will work with you to decide exactly what kind of job you really want to have. They can help you figure out which industries are best suited to your interests, your skills and your personality. If you want to start your own business, they can walk you through the process from start to finish. A good career coach could be the key to finding the career of your dreams instead of just one more job. Last but not least, a career coach can let you know what you are doing wrong in your career. Do you have a problem with your interpersonal working relationships, or are you bad at delegating so you always end up doing all of the work? A career coach will work with your to set these problems right. When you need a better job, a career coach can clear the path for job improvement. |