If the claim is unclear, the registration specialist may communicate with the applicant or may refuse registration. For example, if the applicant merely asserts a claim in "text," the specialist will communicate if it is unclear whether the deposit copy(ies) contain text that is distinguished from source code, object code, or other statements or instructions that may be used directly or indirectly in a computer in order to bring about a certain result. Likewise, the specialist may communicate if the applicant merely asserts a claim in "computer program" that is not discernable as a written language or a programming language.
As discussed in Section 721.7, an applicant may assert a claim in executable code or nonexecuting comments or data that appear in the source code for a computer program. To register a claim in executable code, the applicant should check the box marked "computer program" in the Author Created field. The applicant should not check the box marked "text," either alone or in combination with the term "computer program." By contrast, to register a claim in nonexecutable comments, the applicant should check the box marked "text."
If the applicant asserts a claim in both the copyrightable and uncopyrightable features of the program, the specialist may communicate with the applicant or may annotate the application to indicate that the registration does not extend to the uncopyrightable features. For representative examples that illustrate this practice, see Chapter 600, Section 618.8(C). If the claim appears to be based solely on the functional aspects or other features that are not eligible for copyright protection, registration will be refused.
For a representative list of unclear terms that may be questioned, see Section 721.9(1). For a representative list of terms that will not be accepted, see Section 721. 9(J).
721.9(G) Limiting the Claim to Copyright in a Computer Program
If the computer program contains a substantial amount of unclaimable material, the applicant should exclude that material from the claim. As discussed in Section 721.8, this category includes previously published material, previously registered material, public domain material, or copyrightable material that is owned by a party other than the copyright claimant.
When completing an online application, the applicant should provide a brief statement that identifies the unclaimable material that appears in the program. Specifically, the applicant should provide this information on the Limitation of Claim screen by checking one or more of the boxes that appear in the Material Excluded field that accurately describe the unclaimable material. When completing a paper application, the applicant should provide this information on space 6(a) of Form TX. For guidance on completing this portion of the application, see Chapter 600, Section 621.8(B).
In addition, the applicant should provide a brief statement that identifies the new material that the applicant intends to register. When completing an online application, the applicant should provide this information on the Limitation of Claim screen by checking one or more of the boxes that appear in the New Material Included field that accurately describe the new material that the author created. When completing a paper application, the applicant should provide this information on space 6(b) of Form TX. For
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