Software patents have a very recent history as the first software patent granted was in 1981, in the legal case of Diamond v. Diehr. The claimed invention is a heat treatment of rubber, wherein software code is employed to compute the optimum time duration for the treatment. In another case of State Street Bank & on line pharmacy Trust v. Signature Financial Group, a software business method was granted a patent in the year 1998, redefining software patentability. Software patentability has been a topic of debate world over. The first question an inventor, who wishes to patent his invention, asks is “Is software patentable”. The short answer is that the US patent office does grant software patents, and there has been a surge in software patenting in the US.

A classification of software patents is virtually nonexistent, although a majority of recent patents are software patents based on the above criteria and about 1400 patents are purely on computational software. Major companies like IBM, AT&T, Siemens, HP and Microsoft boast of an extensive software patent portfolio. IBM possesses 31,995 US patents, HP possesses 21,000 patents worldwide as on 2003, Microsoft possesses 5000 US patents and Siemens possesses more than 10,000 issued and pending US patents. Microsoft and Siemens have a cross-licensing agreement to enable increased access to each others patent portfolios. In the USPTO database there are about 25123 claimed software patents and about 284978 granted patents that disclose the use of software in their inventions.

Software patents will surge a rise in software innovation and also enhance the quality of an attorney software protection. Cross-licensing agreements support even higher level of innovation and interaction in the software industry. Software patents not only protect marketing rights for a company but also their intellectual property, thereby providing a driving and inspiring force for the programmers.

Don’t even get started anyone on the advantages of software products in day to day life. Attorney software products range from operating systems, encryption software, web development, virtual reality, gaming software to customized software solutions for other sectors like medical, banking, aviation, military, etc; software has been the savior for many industries. Without software, humans may not have envisioned such advancement in technology and consequently the quality of life.

Are Copyright Lawyers Necessary?

Many courts have upheld copyrights of finished and incomplete works as long as an individual or corporation can prove that they created the work before someone else. Some people accomplish this without hiring a copyright attorney. They might, for instance, send a copy of a play to themselves in the mail so that it has an official date stamped on it. Or they might have a notary public sign and date a copy of the work so courts will know when the author created it.

This works in some cases, but those who are serious about protecting their intellectual property should consider hiring copyright lawyers. Copyright law is difficult for many laymen to understand. Even the U.S. court system finds it difficult to rule on some cases.

Finding Copyright Lawyers with Experience

Since there are so many gray areas in copyright law, it is best to hire a copyright lawyer who has significant experience in the field. Most of the cases are brought to civil court, where a copyright lawyer might have the chance to argue your case in front of a judge or committee. In this type of situation, experience is a lawyer’s best asset.

You can determine how much experience a copyright lawyer has by asking her or him how long they have been practicing intellectual property law. You should also ask the copyright lawyers how many of their cases they win so you will know how successful they are.

Picking a Copyright Attorney with Experience in your Field

Consider spending some time looking for a copyright lawyer that has significant experience in your field. If you are a musician, then you should look for a copyright lawyer that has represented music companies and musicians. If you have written a book, then you should seek the services of a copyright lawyer that knows the ins and outs of copyright laws that apply to books. Finding a specialist can only improve your chances of protecting your rights.

Choosing a Copyright Attorney with Good References

After you have found several copyright lawyers with years of experience, a concentration in law that pertains to your field, and a good track record, you can make a short list to choose from. Contact the copyright lawyers on your short list and ask them to give you references. These references will make it easy for you to talk to their other clients. You can often get the best information from other professionals who have used the copyright lawyer’s services. A good reference from a professional pharmacy online music producer, for instance, should typically have more influence on your decision than a part-time musician with self-published material.