Legal Question in Technology Law in Indiana

Can Database Structures be copyrighted or patented?


Asked on 1/07/10, 10:15 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Yes, both. A copyright registrations is a relatively straightforward and simple thing and lasts longer and is cheaper BUT gives very specific and limited protection. A patent is less certain, costs much more, is often hard to obtain, but if obtained will give much better protection for a shorter period. The patent will almost always be the better bargain if it can be obtained for your database structure. If no patent is possible because you don't meet the requirements then a copyright may give some degree of protection, albeit probably protection that is simple for a skilled would be infringer to avoid. You need a good broad based intellectual property lawyer to avoid you on the options. Most will give a free initial consultation (for example mine is a free 1/2 hour) and in that time should be able to tell you which makes more since for your factual situation. Patents and copyrights are federal law, so you can go to a lawyer in any state who specializes in those fields of law for this advise. I am next door in Illinois (the other side of the state, near St. Louis, actually) and would be willing to advise you. Give a call and we can talk about your specifics or email me and we can chat online, with video if you are set up for it.

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Answered on 1/12/10, 12:43 pm


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