Source code could
potentially be a trade secret for a software company, but in order to qualify
for protection it would have to be actively guarded and not disclosed to anyone
outside of the company. Trade secret protection is really for something like a
secret recipe that has great value to the company solely because it is a secret
known only by the company.
A copyright is thebetter
form of protection for software. As far as understanding what has been copyrighted —
copyrights exist as soon as the work is fixed in a medium. So, any work (here,
software) that you see has an implicit copyright on the original aspects of the
work. The question of what parts of the work are original and thus protected by
the copyright is a legal question that should be answered by an Intellectual Property
Lawyers.
For that reason most
companies will have copyrights on their software to some extent. Patents on
software are more difficult to obtain than copyrights for a couple of reasons.
First, the patent application process requires a strict review to ensure that
the application meets the requirements — as opposed to a copyright which exists as soon as an author puts pen
to paper. Second, patents are generally reserved for tangible inventions. It is
possible that software can qualify for a patent, but it is much harder to show.
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