Intellectual property rights in software: what you need to know

Under Swiss law, computer programmes (software) are considered "works" as defined in Art. 2 para. 3 of the Federal Copyright Act (LDA). Similar to literary works, a programme is written in a language—albeit in code—and is automatically protected by copyright from the moment of its creation. Unlike patents, which require formal applications to be submitted to specific offices, there is no need to register software or take any additional steps for copyright protection.

This protection has particular characteristics compared to other works protected by copyright.

First of all, the duration is shorter than usual: protection remains valid for 50 years after the death of the author (or, in the case of multiple authors, the last surviving co-author), instead of the 70 years generally provided for other literary and artistic works.

Another significant difference from other types of works is that there is no legal license for private use; in practice, it is not permitted to reproduce a computer programme, even within restricted circles such as a family or among friends.

What about patents? Many people believe that software cannot be patented. This belief stems, in part, from several conventions that specifically exclude the patentability of mathematical methods. However, if a computer programme has a technical nature and satisfies the criteria for patentability—namely, novelty, industrial applicability, and inventiveness in relation to the current state of the art—it can indeed be protected by a patent. That said, it can often be difficult to fulfil the requirements related to a technical nature and industrial applicability.

Are you a researcher who has developed software? USI Transfer is available to assess its innovative potential and initiate the process of protecting the related intellectual property.