Patent protection
New software or code may be patentable if the software or code comprises at least one new and non-obvious element or step. Typically the software is broken down into a flow chart or algorithm (a series of steps performed by the software or code) and such flow chart or algorithm is analyzed to determine if a new and non-obvious element or step exists.

The first step is to record your invention, see How to Record your Invention. Second step is to perform a patent search, see Patent Search Instructions on How to Perform a Search as part of the Inventor Start Kit.

Trademark protection
A name, logo, or graphic that identifies and distinguishes your software or code from others software products can be trademarked in certain situations. For example, you can and should use TM next to or in close proximity to your mark(s) upon initial use. TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim. Use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark. Note the trademark must be used consistently to identify the goods or service being placed in commerce (for–sale).

The first step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. The second step is to perform a trademark search, see Trademark Search Instructions on How to Perform a Search as part of the Inventor Start Kit.

Copyright. Each original work of authorship fixed in a tangible or electronic form, including source code, text, graphics, and pictures can be the basis of one or more copyright applications. As a reminder, you should always include a copyright notice on all web pages in the footer and all documents available on the website fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED. Note if multiple authors or designers are contributing to the website or work and a single person or entity desires to own the collective work then the authors or coders must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license, or sale of the work.

Contracts. Note if multiple authors are contributing to a work and a single person or entity desires to own the collective work then the parties must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement, otherwise each contributor is owed a ratable share of the profits realized from use of the work. Ownership rights should be clearly defined in an Assignment /work-made-for-hire agreement or set forth as clauses in such service agreements requiring agreement on intellectual property ownership by all parties participating in creation of the work.

NOTE: The Inventor Start Kit is a simple, step-by-step process that takes you from start to finish in the patent/trademark/copyright process. Learn more by clicking on the ISK Logo: