Some business decision-makers have not made the effort to understand the basic differences between patents, trademarks, copyrights, trade secrets, and contracts. Business is complex and demanding, but intellectual property law is unavoidable in any software business. Decision-makers who do not understand the advantages and drawbacks of these various legal tools may lose legal rights that have significant commercial value. This is not a plan. It's a decision to create crises later instead of making plans now.
Many legal tools require a lead time.
Patent rights must be claimed promptly or else they are lost forever. Patents, copyrights, and trademarks are all more effective if they are integrated into a product's life cycle. During the design and implementation phases, have programmers watch for dead-ends, sudden insights, and other indications of patentable subject matter. Review these possibilities to identify any which cover inventions that justify the time, effort, and money required to obtain patent protection. A patentability search may be needed to assess the likely scope of protection.