Protecting Your Software and Other Technology: Trademarks, Trade Secrets, Copyrights and Patents

Trademarks

What is a trademark?

What is your branding strategy?

Establish one early

Is the Company Name going to be critical for marketing purposes?

Conduct thorough searches for Company Name

Select a protectable name

Do not get married to a name before it clears

Allow Time

If you will operate in foreign countries, protect at least the company name in such countries

Trade Secrets

What is a trade secret?

Make sure all employees and other developers sign confidentiality agreements

Implement and follow procedures

Copyrights

What is a copyright?

Cheapest and easiest form of intellectual property to obtain and always protects software

Attaches automatically

Use copyright notices wherever possible

© [year of publication] [full name of owner]

Make sure consultants sign agreements

Scope of protection is very limited

Patents

Broadest Form of Protection

BUT

Most expensive to obtain and enforce

Why do you want patents?

Offensive Purposes

Defensive Purposes

Marketing Purposes

Satisfy Investors

Steps to Consider

Educate employees on the process and importance

Put a disclosure program in place

Consider incentives

Mistakes Made by Startup Companies

Dedicate time to the process

Work closely with the patent lawyer

Ask the patent lawyer for explanations of the filing and claim strategy

Understand the provisional patent process and foreign patent process

Other IP Tips

Make sure founders assign all intellectual property rights to company

Make sure all employees sign confidentiality and invention assignment agreements

Watch what your competitors are doing

Other IP Tips(continued)

Get your lawyer involved in negotiations at the term sheet level

Understand the consequences and benefits of using open source code

Your Company

Customers

Acquirers

Investors