Legal Question in Intellectual Property in New York
I'm looking to start development on a computer software which will be the basis of my revenue and business model. My concern is my competitors, which are well known in my industry, will use my business method to take the competitive advantage away from my start up company. I'm looking for advice on if my business method or computer software can be protected from infringement and any type of reverse engineering. It is not an overly complex method, but has never been done in my industry or by my competitors. Please let me know if this is possible and how you recommend I proceed?
2 Answers from Attorneys
Generally speaking, you would be automatically protected by copyright law from unauthorized copying of the software. You would, however, need to register a copyright to be able to enforce your rights. In addition, you could also apply for a business method patent. A patent can typically cost upward of $15k and it would protect your method provided it is novel. The price tag may seem costly, however the ability to protect your method could be priceless.
If you cannot afford filing the patent then proper execution of business plan and market adoption of your software would contribute to your continued business leadership even with existing entrenched competitors.
Ping me offline and I can connect you to a colleague of mine who is a patent attorney and otherwise assist you with the business and intellectual property issues that you will need to address.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
I agree with my colleague regards to copyright protection, which is what most would rely on here. Even if what you have is patentable and frankly in today's landscape that is a big if, it will likely not be worth that investment but this would require a greater understanding before rendering any conclusion.
You will of course have a lot of legal considerations moving forward. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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