Software
In principle, software is protected by copyright law.
In particular, in fact, both in Italy with the law on copyright and at an international level, the software in its source codes and object codes is compared with literary works.
Therefore, copyright protects the source codes and object codes, but not their function.
To enjoy copyright protection, the software must be original with respect to pre-existing software.
Software protection arises automatically with its creation and the rights that are acquired are of two types: moral and patrimonial. The moral right is inalienable, while the patrimonial rights can be transferred and consist essentially in the rights of economic use (i.e. the right to publish, distribute and market the software).
These rights are recognized to the author of the software, i.e. to whoever created the program; however, if the author is an employee who created the software in the context of the employment relationship, the rights of economic exploitation belong to the employer or to the client.
The software can be filed with the public register for software set up at the SIAE in order to obtain a sure proof of authorship.
Software/patent of invention
On the other hand, not all kind of software can be protected by apatent of invention.
To be patentable, software must provide a technical solution to a technical problem and meet the normal requirements for the patentability of inventions, in particular novelty and inventive step.
There must therefore be an additional”technical effect” with respect to the normal interaction of the software with hardware devices. For example, accounting programs are not patentable, since they represent solutions to an economic problem and not to a technical problem.
Distinguishing between patentable software from non-patentable software is often complicated and requires a case-by-case evaluation by an expert.
