Question
Hi! We are a software development startup based in Copenhagen, Denmark. When we founded the company we put some non-disclosure agreements in place regarding our IP and the tech we are developing. The NDAs were signed by all the co-founders and the handful of people we have working for us at the moment. Besides these agreements, what should we absolutely do to keep our intellectual property and all sensitive information "legally" safe? I should add that we are currently preparing for a funding round we will be launching in June, so – as usual – cash available for legal expenses and the like is not too much.
Answers: 2 public & 1 private
You can probably go one of two ways - patents or trade secrets. Trade secrets, of course, may sometimes be difficult to enforce, sometimes necessitating litigation if someone divulges your trade secrets, and therefore very costly, plus the fact that your trade secrets are no longer secret. And patents of course can be somewhat expensive, but probably a critically important necessary expense, especially if you are getting ready for funding - investors like to see patents, or at least the beginning of the patent process to protect your IP. so you should seriously consider filing at least a provisional patent application. Note that for a provisional patent application, the disclosure must be enabling - that is, compete, accurate, and thorough - because it will serve as a priority basis for your later-filed non-provisional or PCT application. Provisional patent applications, by themselves, will never lead to a patent because provisional applications are never examined - you must effectively convert the provisional application to a non-provisional or PCT application within one year of filing your provisional application.
as in every country there is certainly in Denmark an entity which has the mission to register digital creation (code and know-how), as software are not always patentable, but are certainly protected by copyright. You can also do that with a specialized lawyer. The aim of the registration is to prove your creation and give you a definite date.
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