Software: copyright or patentable invention? Software is considered to be a ‘work of authorship’ and is therefore protected under copyright. This means that it is prohibited to copy, publish or otherwise reproduce software unless there is permission of the owner. The same applies to creating derivative works.
Occasionally, the creation of a software module could be considered an invention. If the invention meets all the requirements for patent protection, the owner is entitled to apply for patent registration. This principle applies to all inventions, and thus also software.