Software as intellectual property

One question that arises is how to treat softwareÐÐwhether it should be copyrighted or patented. It is important to keep in mind that a copyright does not protect the idea but only the expression of the idea. Practically speaking, as of this time, government employees do not have the option of copyrighting software, articles, or books (though there is a strong possibility that this will be changed through legislation in the not-too-distant future).

In any event, precedent has established that certain types of software can be patented and that is the preferred route to take if inventors' rights are to be fully protected. For example, an expert system has been patented. You can patent software that controls hardware. However, you cannot patent an algorithm to perform mathematical functions or operations in software (a 1981 Supreme Court decision).

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