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 apatent, 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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