NEWSLETTERS & UPDATES January 2004 Copyright Office Deposit Requirements for Computer Software The Copyright Office has adopted detailed regulations regarding the deposit requirements for copyright registration of computer programs containing trade secrets. For computer programs and data bases published only in the form of machine-readable copies and containing trade secret material, the deposit may consist of the page (or equivalent unit) containing the copyright notice, if any, plus one of the following: 1. The first and last 25 pages (or equivalent units) of source code with some portions blacked out, provided that the blacked-out portions are proportionally less than the remaining material and that the remaining portion reveals an appreciable amount of original computer code; or 2. The first and last 10 pages (or equivalent units) of source code with no blacked-out portions; or 3. The first and last 25 pages of object code, together with any 10 or more consecutive pages of source code with no blacked-out portions; or 4. For programs consisting of or less than 50 pages (or equivalent units), the entire source code with the trade secret portions blacked out, provided that the blacked-out portions are proportionately less than the material remaining and that the remaining portion reveals an appreciable amount of original computer code. Requests for a grant of special relief from the deposit requirements may be made in a letter addressed to the Chief of the Examining Division. The letter should explain the circumstances and set forth specific reasons for making the request. Also, if none of the preceding deposit alternatives is acceptable to the applicant, the letter may suggest a deposit alternative for the examiner to consider. If the work consists of a revised computer program and the revisions are not present in the first and last 25 pages, the deposit instead may consist of the page (or equivalent unit) containing the copyright notice, if any, plus either 20 pages of source code containing the revisions with no blacked-out portions or any 50 pages of source code containing the revisions with some portions blacked out. If the program to be registered is accompanied by a user manual, the manual itself may be registered. If the manual is published, two copies must be deposited. If it is unpublished, only one copy must be deposited. As with the program materials, if there are trade secret concerns regarding the user manual, a special-relief request directed to the Chief of the Examining Division explaining the problem and suggesting an alternative deposit may be the appropriate action to address the problem. © Christine Q. McLeod, 2004 This Intellectual Property Newsletter is a periodic publication intended to provide information of general interest in a summary manner and should not be construed as individual legal advice. If you have any questions, please contact: CHRISTINE Q. MCLEOD BEUSSE BROWNLEE WOLTER MORA & MAIRE, P.A. 390 N. ORANGE AVENUE, SUITE 2500 ORLANDO, FLORIDA 32801 407-926-7723 FAX: 407-926-7720 cqm@patentorlando.com     © 2004 Patent Orlando. All rights reserved.