From Licensing to Litigation: Strategies for Protecting Software IP Assets.*

From Licensing to Litigation: Strategies for Protecting Software IP Assets.*

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Software owners must carefully consider appropriate vehicles for protection of their intellectual property in order to remain competitive and profitable. In addition, to maximize return on innovation, software providers must craft airtight, effective license agreements with terms that will protect their IP and minimize risk.

Patenting software, and perhaps in particular artificial intelligence (AI) and machine learning (ML) related innovations, faces not only subject matter eligibility difficulties, but hurdles relating to novelty and obviousness due to the fact that many machine concepts and techniques are considered well-established. It is difficult to build new foundational AI, for example, without a novel formula or algorithm. But should novel formulas and algorithms be disclosed in this climate? What can copyrights and trade secrets do to supplement a progressively antiquated patent system? What policies and procedures should IP departments begin to implement in order to identify other forms of protection that can provide alternatives to patent protection?

In this presentation, panelists will discuss the benefits associated with various methods of IP protection for software assets, and how to craft effective license terms to maximize those benefits. In addition, panelists will discuss real-world scenarios where terms gave rise to litigation of software-related patents, trade secrets, copyrights, and breach of license.

Materials

Big Awards Underscore Importance of Bolstering Your Company’s Trade Secrets Protocols

How to Protect Your Company When Using Open Source Software

What You Need to Know About Trade Secrets