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

2. 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

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

4. Trade Secrets What is a trade secret? Make sure all employees and other developers sign confidentiality agreements Implement and follow procedures

5. 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

6. Patents Broadest Form of Protection BUT Most expensive to obtain and enforce

7. Why do you want patents? Offensive Purposes Defensive Purposes Marketing Purposes Satisfy Investors

8. Steps to Consider Educate employees on the process and importance Put a disclosure program in place Consider incentives

9. 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

10. 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

11. 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