A software patent is a form of intellectual property right that protects computer programs and computer-related processes from unauthorized use by others. Software patents are generally considered a subset of utility patents, although they do not have a universally clear legal definition. The subject of software patents is often debated both locally and internationally.
It is important to distinguish between software patents and software copyrights. While both safeguard the product, copyright only protects the expression of an idea, such as the actual written code of a program. Patents, on the other hand, protect the underlying technical process or inventive concept. Both types of protection fall under intellectual property law.
In the Philippines, software—also referred to legally as a “computer-implemented process”—may be patentable if it meets the same requirements as any other invention under the Intellectual Property Code. For example:
The value of obtaining patent protection lies in the strong exclusive rights granted. A patent holder has the legal right to prevent others from making, using, selling, or importing the patented invention within the Philippines. This exclusivity can stop competitors from copying innovative features in software or user interfaces.
For instance, companies worldwide have relied on software patents to secure competitive advantages in areas such as search algorithms, graphical user interfaces, and operating system functions. Such protection can prevent competitors from replicating key technical innovations.
By contrast, copyright law only prohibits literal copying of software code or close adaptations (known as “literal infringement”). While copyright also extends some protection against non-literal copying, courts have often been reluctant to expand software copyright protection too broadly. Copyright, therefore, does not prevent competitors from creating new software based on the same concepts, provided they write their own code.
This means patents provide much stronger protection for software innovations than copyright alone. Examples in industry show how valuable this protection can be, with patent enforcement sometimes resulting in significant damages or licensing revenues.
Of course, to qualify for a patent, a software-related invention must meet the statutory requirements of novelty, industrial applicability, and inventive step. Obtaining software patents can be costly, often requiring professional drafting and filing. Applicants should weigh the potential commercial value of the invention against the expense and effort of securing and enforcing a patent before the IPOPHL.
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