Protection of software as intellectual property begins with an analysis of what one is seeking to protect. Copyright can be used to protect against direct copying of a program and copying the expressive elements. Ornamental, nonfunctional display elements may qualify for protection with design patents. New, nonobvious functional elements may be protectable with utility patents. Functional elements not protected by patents may be protected as trade secrets if the secrecy is maintained. Licensing agreements should set forth the rights and duties of the licensee including:

1. any copying and use rights,

2. prohibitions against reverse engineering and decompilation, and

3. prohibitions against use or disclosure of any trade secrets learned from reverse engineering or decompilation.