Question
It seems like obtaining, maintaining and defending a patent for our technology would be costly and time consuming. Yet we are told that early application for a patent is crucial. For us as a startup both time and money are in short supply, so why wouldn't it be the best option to simply keep the designs and code secret?
Answers: 3 public & 1 private
In addition to the answer provided by Mike, if somehow your designs and code became known, someone else could apply for a patent - the US went to a first-to-file system in March, 2013, so unless you can also prove that your designs and code were in place/in public/commercial use prior to this other person filing for patent, whereby your use would effectively be prior art to his patent application, they may receive a patent and then sue you for infringement. In addition, even without someone else getting a patent, if, again, your designs and codes were known to others, they could simply start using them without fear of infringing your patent because you would not have a patent.
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