guard your source ip protection for software
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Guard Your Source:IP Protection for Software
Mital M. Patel(@mitalpatel)
[email protected] 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: [email protected]
Twitter: @mitalpatel