Shahrukh (Director) 15 September 2011

Urgent: idea - software - product (how to protect?)

Hi, I have a company in London. I have just started working on a new project which I am hoping to sign a contract with one of the software developers in India. Later, I intend to use this as a package to sell to the publishing companies.

I have a concept which would cater specifically to the publishing companies but the idea is yet to be materialized in the form of a sophisticated software. I wanted to get the concept patented before I sign an agreement with any Software developer here.

My questions are:

1. How could I protect the idea/concept before I ask any developer to start working on the software?

2. Since my company is in London will I need to have to have it patented in London too?

3. Once the software is built, does that need to be protected as well?

Thanks

Shahrukh

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4 Replies

Gundlapallis (Advocate) 15 September 2011

PM or invite her to this thread: Suchitra.S : you may get proper guidance.

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RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 16 September 2011

dEAR SHAHRUKH

GET YOUR SOFTWARE PATENTED IN ENGLAND AS WELL AS IN INDIA BEFORE HAVING ANY COLLABORATION WITH ANY COMPANY.

REGARDS

RAJIV BHASIN

BHASIN & ASSOCIATES

9811210505, 9868635640

Nagaraja B S (Corporate Commercial & IP Lawyer) 17 September 2011

Dear Shahrukh,

Please find below response to your queries.

1. How could I protect the idea/concept before I ask any developer to start working on the software?

Basically you can protect your idea, asking the developer to sign an Non-Disclosure, Non-Circumvention & Non-Usage Agreement, it is called NNN agreement. This can help you protect from non-disclosure of the idea & non-usage of the idea aswell.

2. Since my company is in London will I need to have to have it patented in London too?

Patent can be applied for a process & product. Applying for Patent is a complex process, you need to strategize the geographic area where you want to sell your end product.

In India Softwares cannot be patented, may be the process can be patented. However, for Software protection copyright can be applied in India.

3. Once the software is built, does that need to be protected as well?

Yes software should be protected. It can be protected through copyright, trademark, domain name etc.,

Feel free to contact me, if you need further details.

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635