Successful Software Development and Intellectual Property

Ideas for great software solutions are born, more times than not, out of frustration.  Whether the current software offering is just not meeting necessary standards or if no software exists for a particular function, you have decided that you are going to attempt to create the next great piece of software.

While your skills at programming and code writing might be on par with the best in the industry, did you know that, unless protected, your intellectual property and hard work are up for grabs as soon as your product hits the shelves.  In other situations, you might be asked to develop particular software for a company or department.  If the proper steps aren’t taken to protect your product, as soon as you hand the information over to your client, it is no longer exclusively yours.

The best software developer in the world doesn’t stand a chance if clients or customers who buy their software are able to copy it and distribute it freely.  This is where it is important to have clearly defined terms of use.  When developing software with a specific client or company in mind, don’t be fooled into thinking that the software will be handled honestly once it leaves your hands.  Prior to any commencement on the new software, make sure that the client signs a contract. Not just any old contract though.  A software developer’s contract should contain these essential points:

•    Clearly defined ownership of intellectual property
•    Limitation of liability regarding the software
•    Project scope (Timelines, Extent of Software Development, Etc.)
•    Payment Structure and Schedule
•    Uses of the Software

While each contract and software development job will be different, the fact remains that protecting your intellectual property, and ultimately, your end product is of the highest importance.  Contracts for software developers as well as independent contractors in other fields can all be found by visiting www.ContractEdge.com.

Protect Intellectual Property With a Non-Disclosure Agreement

Non-disclosure Agreements (NDA) are crucial to ensuring the protection of your intellectual property. When you take a job on or when you contract out work a NDA helps to cover your liabilities. With a NDA in place you can feel safer discussing your project with a contractor; and inversely, your clients can feel comfortable working on their project with you. I use a non-disclosure agreement every single time I hire a contractor, or every time I am hired to perform a job for someone else. I do it to protect myself from any legal issues that might arise as the result of the unauthorized use of either party’s intellectual property.

I like to use NDA’s in my work because I do not want to worry about what my sub-contractors might or might not do with my client’s information. Worrying about meeting deadlines and beating competitor’s quotes are enough for me to worry about on a daily basis.

NDA’s are also a great selling point when it comes to discussing a new contract. Letting them know I am ready and willing to use a NDA is sometimes that extra push that closes a deal.

Protecting Your Intellectual Property – Tips for IT Developers

Intellectual property, or “IP“, is the heart and soul of the tech field.

• How do you protect your intellectual property?
• Do I need to protect myself?

These are two of the most important questions you can ask yourself.

Keep Detailed Records
It is important to take an inventory of your assets. Find all of the software, instruction manuals, promotional materials, published material and web content you have produced. Once you have accounted for all of your content, make sure to date it all. There are time limits on protecting yourself from suspected copycats. These time limits are usually five to six years, depending on the type of content you are defending. That is why it is important to protect your content before the fact and also why it is important to keep track of publication dates.

File for Appropriate Copyrights, Trademarks, etc.
Once you have all of your content dated, it is important to file the appropriate claims: copyright, trademark, trade secret, etc. To start this process it is important to use the appropriate legal forms.

Once you have filed and received confirmation that your content is protected, it becomes important to keep meticulous records. Develop your own recordkeeping system to track your content and make periodic updates to both your records and filings whenever you add new content or update your existing content.