Are You Willing to Share Your Code ?
Are you sitting on the next big Idea ? Have you developed a program that you believe could change the world? How do you show the world that it was indeed you who birthed this beautiful idea ?
The answer is intellectual property and technology protection . Intellectual property (IP) is a creation of someones thoughts.It could be anything like a design, a process, a symbol, or a discovery. IP can be protected by the law. This is how you protect your big ideas! Patents and intellectually property have changed a-lot in the last 20 years due to the growth of tech. Intellectual property is very valuable to startups, it can help secure funding and stop competition in its tracks. Below is an article from Forbes detailing intellectual property strategies for technology startups.Some of my key take aways from this article is that patent strategy should be cost effective and not avoided, and it is important to evaluate your core assets while deciding on the type of IP protection you need.
The types of intellectual property protection that are most relevant to tech are patents which gives the inventor the right to prevent others from making similar products. Patents protect software architectures and proprietary algorithms. Copyrights give the owner exclusive rights to make copies and create versions of the original source it doesn’t protect the idea but how the idea is implemented. Copyrighting is the best protection for software like source code, object code, and user interfaces. Open sources like Facebook depend on the copyrights to maintain the use of its free code and frameworks. You can make the program you created a trade secret , this insures that the code stays between your partners and any engineers working on the program. When it comes to the internet everything is fair game so you would also want to protect the name of your program, the database collection and customer information. JavaScript is a coding language based on ECMAscript, which is a collection of trademark scripting language specifications. ECMA stands for European Computer Manufacturer’s Association. Best practice is to seek protection directly towards the core value of your innovation and to seek protection on property that can actually be monitored incase infringed.
Patents can be seen as a way to eliminate competitors if their tech is in close proximity to yours. A real word example would be Apple. If you do a Google search for “Apple patents” you will find a result that leads to the legal portion of the official Apple website, there you will see a page with directories to all of Apple’s trademarks and licensing for their hardware and software. There is even a link to submit infringement claims. Apple, like other tech companies has thousands of patents out there not only on tech already given to the public but tech that is on the brink of development. Big tech companies have law divisions and are always going through different law suites under the radar.
Google is a search engine for the internet , it does not own the internet. If you wanted to create a search engine better than Google there is nothing stoping you except, Google being able to make adaptions to their code using your program unless, it is protected.
Ask a Intellectual Property Lawyer
Receiving the opportunity to speak with an IP attorney. I asked a few questions that might be helpful to anyone trying to venture out into developing their own brand.
Do you believe big tech has monopolized the U.S. patent system?
“Antitrust laws are in position to prevent large corporations from using patents to monopolize markets. But, a balance is needed between limiting large corporation’s patent rights and licensing their technologies for others to use for free.” — Andrea H. Evans, Esq
Do you advise tech startups to invest in IP protection ?
“Absolutely! In fact, my slogan is Invest In Your Idea. I encourage startups to schedule a consultation to ensure they are clear about their patent, trademark and copyright rights. If the startup is sold, the IP can be sold or licensed as well.” — Andrea H. Evans, Esq.
Could you come across infringement issues while using open source code ?
“It’s possible. If the software/code infringes on a patent, then yes, but typically open source code allows the code to be modified without any permission from the original owner.” -Andrea H. Evans, Esq.
How could a programmer cross over to IP law ?
“If they name the software or their programming company, they can trademark. If they have a patentable invention, they can patent the method of using the software and the code can be protected with a copyright.”-Andrea H. Evans, Esq.
While this will not be super useful when you first start coding but it will be helpful when you start developing your own programs. Ignoring or going over board on the intellectual property protection can cause problems at a later date so it might be useful to hire a patent lawyer.
