guard your source: ip protection for software

Guard Your Source:IP Protection for Software

Mital M. Patel(@mitalpatel)

mital@trianglebusinesslaw.comLaw Office of Mital M. Patel

www.TriangleBusinessLaw.com

#GuardYourSource

Disclaimer

These materials should not be considered as, or as a substitute for, legal advice and they are not intended to nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from these materials without first obtaining professional legal counsel.

Overview of IP

Trademark

Copyright

Patent

Trade Secret

Non Disclosure Agreements (NDAs)

Overuse

Often difficult to enforce

Execution > Idea

Useful for: Employees, partners, consultants, potential acquirers, etc...

Insulting to: Angels, venture capitalists, investors, etc...

Copyright for Source Code

Copyright designed to protect creativity

Software as a “literary work”

“exclusive right to make and distribute copies, and to create derivative works”

Disadvantages:

Doesn't protect against reverse engineering (only copying)

Software Patents

Broad protection (exclusion from use, creation, sale)

Limited period of time (usually 20 years)

Bilski decision

Business method patents

“machine or transformation” test

Cost prohibitive

Licensing software

Most common method of software distribution

Conveys right to use software, not copy, distribute, sale/resale.

Sophisticated ways to protect licensor and licensee

Ex. Source code escrow

Protecting Open Source

Read the license

What rights / obligations if distributing derivative work

Considerations when using open source code in commercial code:

For (core) business?

Open Source License

Protecting Software as a Service (SaaS)

Trade secret, patent, copyright

But...

First to market

Market awareness

Customer Development

Q & A

For more information, feel free to contact me:

Phone: 919.386.9989

Email: mital@TriangleBusinessLaw.com

Twitter: @mitalpatel