Ways to protect IT solutions

IT solutions are gaining more and more momentum. In the light of recent events in the world, a large number of Russian enterprises refuse to use foreign software, there is a growing need to develop new IT solutions that will replace foreign ones. Many companies have already started or are planning to transfer their business processes to domestic software in the near future.

However, not all developers of IT solutions know how to protect their developments and what methods of protection exist.

An IT solution is a development related to solving a problem in the field of information technology, in particular, it can be various software products, such as source codes, databases, algorithms, systems, hardware and software systems, methods and interfaces.

All listed products may be protected by copyright and/or patent law.

Copyright objects include, for example, various source codes written in a programming language, databases. Copyrights for all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source text and object code, are protected in the same way as copyrights for works of literature. A computer program is a set of data and commands presented in an objective form intended for the functioning of a computer and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and the audiovisual displays generated by it.

A database is a set of independent materials presented in an objective form (articles, calculations, regulations, court decisions and other similar materials), systematized in such a way that these materials can be found and processed using an electronic computer.

Let's note the main features of copyright:

• Protects the form, not the essence;
• Not subject to mandatory registration; arises from the moment of creation of the development;
• Operates everywhere, that is, all over the world;
• Validity - the entire life of the author + 70 years after his death.

It is possible to protect various algorithms, systems, methods, devices, hardware and software systems, interfaces, etc. by patent law.

So, algorithms, systems, methods, devices, hardware and software systems can usually be protected by a patent for an invention. In some cases, as an exception, it is possible for devices to obtain a utility model patent. Note that patents for inventions and utility models protect the essence of the solution, its technical component.

Below are examples of specific patents that protect IT solutions as a method, system, device:

Invention Patent No. 2 773 049 "System, Apparatus and Method for Accessing a Shared Infrastructure", issued with the following claims, in which the system and method are both protected:

"1. A data processing system for providing user access to one or more devices (108), the system comprising processing means (103) configured to:

i. determine the location identifier for the user;

ii . associate a location identifier with a user identifier for the user; And

iii . transmit (3013) the location identifier and the associated user identifier to the application (301),

wherein the location identifier specifies the location of the device according to a hierarchical structure stored in the database, where each location identifier is associated with a predefined location and a hierarchical tree is provided specifying the location relative to each predefined location.

15. A method for processing data to provide user access to one or more devices (108), the method preferably being carried out in a computer processor, the method comprising the steps of:

i. determining a location identifier for the user;

ii . associating a location identifier with a user identifier for the user; And

iii . transmitting (3013) the location identifier and the associated user identifier to the application (301),

wherein the location identifier specifies the location of the device according to a hierarchical structure stored in the database, where each location identifier is associated with a predefined location and a hierarchical tree is provided specifying the location relative to each predefined location."

Source

Other examples:

• Utility model patent No. 206 855 “Information processing device of a multifunctional electronic stethophonendoscope”;
• Patent for invention No. 2 769 083 "Hardware and software complex for controlling the processes of construction and assembly of structures using BIM technology".

Page interfaces, applications, individual icons may be protected by a design patent, but it should be borne in mind that design patents protect the appearance or design. A patent for an industrial design can protect both the interface of the page as a whole and its individual element, for example, an icon.

We note the main features of patent law, by analogy with copyright:

• Protects the essence of the technical solution, not the form;
• Subject to mandatory registration; arises from the moment of registration of the development in the patent office;
• It operates exclusively in a certain territory where a patent is issued, for example, the Russian Federation;
• The term of validity is limited and depends on the patent, for example, a patent for an invention is valid for 20 years, a patent for a utility model - 10 years, a patent for an industrial design - 25 years.

Thus, there are many opportunities to protect your IT solutions, and we, as patent attorneys, recommend protecting developments in a comprehensive manner. However, it is up to the developer to decide how and in what way to protect the results of intellectual activity.