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.
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
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