This document discusses intellectual property options for embedded software components. It outlines different types of intellectual property like patents, copyrights, and trade secrets. It provides examples of what parts of embedded software projects might be protected under each type of IP, such as novel algorithms under patents or source code under copyright. It also discusses popular myths around intellectual property and methods that can be used to protect source code.

1. INTELLECTUAL
PROPERTY OPTIONS FOR
EMBEDDED SOFTWARE
VINITA A PALANIVELOO PHD
COMPUTER SCIENCE & ENGINEERING

2. EMBEDDED SOFTWARE COMPONENTS
RTOS - LINUX
• Boot Loader
• Kernel
• Driver
• Application Module
BAREMETAL
• Bootloader
• Driver

3. INTELLECTUAL PROPERTY
Patent Copyright Trade Secret

4. PATENT
• Published information to increase technological knowledge available to public
• Twenty years monopoly for time and effort to create
• Software – protect features of program
• Novel Ideas
• Systems
• Methods
• Algorithms
• Functions
• UI - Menu arrangements
• Infringement - Penalty

5. COPYRIGHT
• Form of expressing ideas
• Source code
• Unique UI components
• Exclusive rights to create derivative
• Automatic upon creation of original work
• Unlikely to create identical code without copying
• No protection to ideas, programs and concepts

6. TRADE SECRET
• Formula, Process, Tool or Mechanism – Not known or Discoverable by others
• Competitive advantage
• Features of Software (e.g,) Algorithm to detect image in Luminosity
• Not extended to elements reproducible by reverse engineering
• Cannot be subject to infringement
• Prove that trade secret is not known to the market

7. BOOTLOADER – IP?
• Bootloader is the image for bringing up kernel
• Vendor- proprietary image
• Can be customized
• Unless there is a patent / copyright, the customization is not IP as it is knowledge not a
trade secret

8. KERNEL – IP?
• Board Support Package
• File System
• Configuration options to build kernel
• Unless there is a patent / copyright, the configuration of kernel is not IP as it is knowledge
not a trade secret

9. DEVICE DRIVER – IP ?
Processor
P1
Processor
P2
Device
D1
Device
D3
Processor
P1
Device
D2
DR1 - Driver – C
programming
CROSS/ NATIVE
COMPILER
(Vendor)
DR1 Cannot be reused for D2
Unless the specifications for D1 & D2 are identical
DR1 Cannot be reused for P2
The Address Maps vary with vendor
CROSS/ NATIVE
COMPILER
(Vendor)
Only novel algorithms in driver can be IP,
Driver code itself is knowledge not a patent
/ copyright or trade secret

10. APPLICATION SOFTWARE – IP?
• Be Agile & Market fast
• Document everything to protect by copyright
• Track access permissions and code checkout and access status
• Encrypt IP of Novel algorithms and functions
• Consult IP expert
• User Interface – Layout , design
• Label source with metadata & watermarks

11. POPULAR MYTHS
• Code reviews make my code vulnerable to copying
• Central repository expose my code to unauthorized copying
• Requirements and bug tracking tool expose my IP
• Version control tools are not safe

12. METHODS OF PROTECTING SOURCE CODE
• NDA with ownership and copyright well defined – legal implications
• Metadata / Watermarks
• Encryption
• Copyright headline
• Code obfuscation
• Code splitting / APIs
• Protect novel algorithms / Functions with patent/ copyright
• Track code checkout and commits
• Build trust in the team