How do I protect
intellectual property for my software?
To protect yourself you
can apply for a software patent, but it’s an expensive, time-consuming process
with no guarantee. The alternative is to find a work around, you could consider
the following steps:
1. Keep It Close
Be very careful about
any outsourcing partner you work with, either domestically or overseas. Make
sure they have adequate security in place to protect your IP when they work on
it. As well, be careful how your IP is accessed by remote teams.
2. Cover Your Legal
Bases And Encrypt Your IP
When you work with a
developer (local or overseas) you should make sure you have strong legal
agreements in place that are enforceable in the developer’s local court system
as well. You should also employ strong encryption internally for sensitive IP,
and make sure y okour partners employ the proper levels of encryption. It seems
like a lot of overhead, but it is far cheaper than dealing with a breach of
trust later.
3. Document Everything
Beside as patent,
keeping a running log or journal of what has been done and when can help you
defend your property if it is stolen. This journal should start with the
inception of the idea, include every meeting you have, who was invited, and who
attended. Using a product with a reliable date and time stamp and having a
paper copy of the important moments helps prove ownership of your idea.
4. Talk To An Expert
There are numerous ways
to protect your IP, such as patents, trademarks, design rights and trade secrets. It’s about
accepting that you need expert guidance early and preparation. What do you need
to protect and how? Where, when and what is the timeline for applying in
different regions? What do you need to budget for? Talk to the experts so you
can understand, prepare and budget.
5. Idea Plus Execution
Plus Cash Equals Success
Great ideas are a dime a
dozen – at least 10 people are working on your great idea right now! The winner
will execute well, getting the idea to market fast along with the operating
model needed to provide great customer service. And if you’ve ever tried to
start a business, you know your time frame to profit is 3x your original plan.
Cash is your life blood extending your timeline to success.
6. Offer The Best
Experience In Order To Protect And Profit From Your IP
Besides applying for a patent, I am not sure there is any other
good option. Reverse engineering is becoming commonplace, trade secrets are
becoming more difficult to protect, and patent trolls are appearing everywhere.
I think offering the best experience to your user with your technology is — or
should be — the only way to properly profit from it.
7. Move Fast
Depending on your
idea, IP protection might be a necessary evil. Necessary
because it can provide some protection from others attempting to copy you. At
the same time, IP tends to be limited in its application (protects your idea
but not variants) and can be expensive to defend. Instead, I always advise that
IP is less important than speed to commercialization. Move faster than the
competition.
8. Be Fast And Agile
Organize your technology
department to be flexible and agile — staying fast and creative will keep you
innovating ahead of larger, slower competitors.
9. Use Good Security
Measures
At a minimum, all source
code should be clearly labeled with a confidentiality notice, warning that
unauthorized use or reproduction is prohibited and should be kept on secure
systems within your facility. Only allow authorized personnel to access it.
When software is deployed into the field, consider using third-party digital
encryption solutions to wrap your software in a security envelope.
For further details, you
should visit ANTLawyers – IP Services in Vietnam - Smart Platform for Legal,
Accounting & Compliance services.
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