Software

A computer program or set of instructions that controls the operation of a computer or similar electronic device, including in the form of:

The data, documentation and other content required to operate and use a computer program may also be referred to as forming part of the "software". Software is distinguished from hardware, which refers to the physical components of a computer system, including monitors, keyboards and drives.

Software is intangible property and may obtain protection under certain intellectual property rights, such as copyright and confidential information laws. "Computer program" is expressly included within the definition of a literary work in section 2(1) of the Copyright Act 1994 and so computer programs that are original works may have automatic copyright protection.

However, it is not possible to obtain a patent in respect of a computer program itself as the Patents Act 2013 excludes computer programs from being an invention or a manner of manufacture for the purposes of that Act. Although an invention that is implemented by a computer program may itself be a patentable invention.

In practice, the terms "application", "code", "computer program", and "software" are used interchangeably.

The use of software is most commonly acquired by the supplier granting a licence to the customer. For more information on software licensing, including types of licensing and maintenance, see Practice note, Software licensing and maintenance.

For further information about software, see Toolkit, Software and Practice note: overview, IT procurement.