0

I was reading around the web and found an interesting idea for an online software that I would like to publish commercially. My question is if the software is based off of research such as https://arxiv.org/pdf/1409.3215.pdf (just an example) am I able to develop and sell it commercially? Are their legal complications?

0

The ideas and facts revealed in that (or any other) published article are not protected by copyright. A publication might report a patentable claim, so you have to check with the patent office to see if a thing or method described in an article has been patented. Timing matters on publishing and patenting: you can't receive a patent for something that's "out there" (because you described it in an earlier publication).

| improve this answer | |
  • I'm new at law but do I need a patent to sell this software? – Noah Chalifour Jul 25 '17 at 15:38
  • You never need a patent to sell software. Software is always protected by copyright, which prevents others from selling a copy based on one they got from you. You would need to consult a patent attorney to determine if the software was patentable. – user6726 Jul 25 '17 at 15:43
  • Is there a way to determine if the software has already been patented online? – Noah Chalifour Jul 25 '17 at 16:02
  • For the US, patft.uspto.gov – user6726 Jul 25 '17 at 16:10
  • Do you know for Canada? – Noah Chalifour Jul 25 '17 at 16:14

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.