copyright patents
Help with understanding copyright vs patent
<p>I am stump on why the answer is Copyright because of the code.</p>

<blockquote>
  <p>Matthew authored an innovative algorithm for solving a mathematical
  problem, ...... he wants to obtain some sort of intellectual property
  protection. Which type of protection is best suited to his needs?</p>
  
  <p>A.Copyright <br>
  B.Trademark <br>
  C.Patent <br>
  D.Trade Secret</p>
</blockquote>

<p>I thought it would be patent,  since it involve mathematic algorithm.  If it just code, I would go with Copyright.  Thoughts?</p>

<p>A patent protects an invention, which is an idea for an invention that exists on paper. Copyright protects the specific implementation of an idea.</p>

<p>Matthew would not be able to protect his algorithm with copyright alone. Someone else could implement the algorithm with a different program. This would not be a copyright violation, unless it copies the code verbatim from Matthew's program. </p>

<p>A patent, on the other hand, would protect the right to solve a problem in a specific manner. When Matthew obtains a patent on his algorithm, then nobody else is allowed to use that algorithm without Matthew's permission until the patent expired.</p>

<p>The problem, though, is that many jurisdictions do not recognize patents on software algorithms (the European Union, for example). So the patent would only be enforceable in jurisdictions which do.</p>

<p>For further information, check out the <a href="https://en.wikipedia.org/wiki/Software_patent" rel="nofollow noreferrer">Wikipedia article on Software Patents.</a></p>

<p>This is difficult. The problem is that a mathematical algorithm isn't patentable. You can patent an invention that wouldn't work without that algorithm, but not the mathematical algorithm. </p>

<p>For example, MP3 compression has been patented, but FFT (the mathematical algorithm behind it) hasn't. </p>

<p>Matthew has copyright protection automatically. He can patent a machine that uses his algorithm. He can use trade secrets by building a product and not telling anyone the mathematical algorithm that it needs to work. Using trademarks to protect a product is worthwhile. And since you didn't mention the country, in Germany laws against unfair competition would protect him against competitors (but not against using the algorithm for a product that doesn't compete with his).</p>
