Nine Ways to Protect Your Intellectual Property

When it comes to innovative software development, your intellectual property is your most valuable asset. Unfortunately, options for protecting this asset from imitators are limited.

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, something that keeps your IP secure without having to go through the U.S. patent office.

Below, nine technology executives from Forbes Technology Council offer their best tips for protecting your intellectual property without getting a software patent.

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. Private repositories on sites like GitHub might be very convenient, but you are handing over security to a third party. - James Dixon, Pentaho, a Hitachi Group Company 

2. Cover Your Legal Bases And Encrypt Your IP 

When we work with a developer (local or overseas) we make to sure to have strong legal agreements in place that are enforceable in the developer’s local court system as well.  We also employ strong encryption internally for sensitive IP, and we make sure our 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. -Tim Maliyil, AlertBoot 

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. -John Zahorsky, Eden Autism 

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. -David Rajan, GlobalLogic – Method 

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. - Mike Brannan, Centric Consulting, LLC 

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. - Chris Kirby, Voices.com 

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. - Scott Stiner, UM Technologies, LLC 

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. - Erik Gustavson, Bitium 

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. -Nathan Hayes, Modal Technology Corporation 

Source: Forbes