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Re: Software patents...



Ralph Crongeyer wrote:

Does anyone on this list know about or where/who to find info about software patents? My specific question is this: if I wrote a program my company that was being used on a government project and then I left the company and wanted to completely rewrite the code (it will do the same thing) and patent it myself, is that legal?

Ralph

Ralph,
You may be confusing patent with copyright. To start you will need to consider what, if any, employment agreement you had. The law surrounding software patents is jurisdiction specific. Most jurisdiction do not allow software-only patents, some do, and some allow software that is part of an invention to be patented as part of the invention. In any event a patent requires the expression be novel, the fact that this invention has already been expressed would count at prior art and be used to invalidate any patent that was granted.

In any event I would suggest going to the gvt site in your country and looking for the copyright &/or patent office. There will be enough information to get you started. Some countries (Canada) have a combined Intelectual Property Office that covers copyright/trademark/patent, others are different offices.

Dave



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