Question
We have created a prototype for a complex software system with a B2B business model which heavily relies on one major customer. We have signed an NDA with a regional head of the organization, but it still seems like one of the major risks for us would be that the customer simply adopts our solution by themselves.
We have a systems demonstration in the near future, at which point the way the system works will be open to the customer. How can we keep our IP in the software or prevent the customer from just implementing our approach on their own and cutting us out?
Answers: 2 public & 0 private
While the particular software is protected by copyright, your ideas embodied in the software are not. However, computer-implemented inventions may be protected by patents.
Thus, find an experienced patent attorney who is accessible and in whom you trust. He/she will help to "capture" and assess your inventions, and develop a strategy. Any resulting intellectual property rights may be used to strengthen your position.
BTW, it's a good idea to have an NDA, but preferable to file any patent applications before disclosing your (patentable) ideas.
'Hope this helps.
Feel free to get in touch!
This seems to be a classic hold up scenario where you are/will be dependent on the major customer and where your position in relation to him may be week. Filing for patent is one avenue that should be pursued. Other avenues relate to contractual protection of your input. Not only NDA but also non-compete, contractual penalties for breach, indemnities, warranties, maybe a guarnatee etc. I hope this is helpful.
Best, Wociech Baginski
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