Back in the 1970s and 1980s, lawyers and policymakers all over the world were asking a tricky question: how do we protect computer software? Should it fall under patent law, copyright law, or should there be a brand-new system just for software?
Eventually, the Philippines, along with most countries, decided on a mixed approach:
- Computer programs themselves (the actual code) are protected under copyright law, as “literary works” in the Intellectual Property Code (R.A. 8293).
- Software-related inventions—where the program forms part of a technical process or machine—may be protected under patent law, as long as the invention is new, inventive, and industrially applicable.
This balance makes sense because patents and copyright cover very different things:
- Copyright protects the expression of a program—its code, structure, and organization. It does not protect ideas, methods, or mathematical principles. Importantly, protection is automatic; the creator doesn’t need to register the work, though registration at IPOPHL can help in enforcement.
- Patents protect technical inventions. These are products or processes that solve a technical problem in a new way. For example, a new encryption method or a software-controlled medical device might qualify.
How This Works in Practice
Internationally, rules on software patents are not perfectly aligned. Some countries welcome them, others are stricter. The Philippines follows the ASEAN guidelines on examination, which stress that pure algorithms or business methods are not patentable. But if the software contributes to solving a technical problem, it may be patentable through IPOPHL.
For instance:
- An ordinary accounting program would only be protected by copyright.
- A new system for real-time fraud detection that relies on software and technical processes could potentially be patented.
Real Examples and Cases
- Courts and IP offices worldwide (including IPOPHL) often refuse patent claims that are just abstract software. For example, an app that automates a known business method will usually be refused.
- On the other hand, when software is part of a technical solution, IPOPHL examiners have allowed patents. One Philippine university, for instance, developed a disaster early-warning system that uses software to process seismic data. Because it was claimed as a technical method for detecting earthquakes and sending alerts—not just as “software”—it had stronger chances for patent protection.
What This Means for Developers and Businesses
- Copyright is automatic—as soon as the program is written, it’s protected. Registration with IPOPHL is optional but useful for legal disputes.
- Patents require an application and a formal examination process at IPOPHL, which can take several years.
- The right choice depends on your work: if it’s purely software code, copyright is your shield. If it’s an innovative technical solution, a patent may give you stronger protection.
- Using both systems strategically is often the best way to protect software-based innovations in the Philippines.
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