How Can I Protect My Software Idea?

It’s a competitive world out there, and everyone’s trying to stay ahead. So, what should you do when you have a software idea that can push you ahead of the competition? Of course, you need to protect it.

As an idea owner in Orlando, Florida, you need to treat your software idea as valuable. Being careless with it places it at risk of falling into your competition’s hands. There are many ways to protect a software idea until it’s fully developed.

Some inventors patent, trademark, or copyright their innovation. To do so, you’ll likely need a patent attorney Orlando Florida has to offer to guard your idea until it’s fully developed.

Want some useful tips? Read on!

10 useful tips for protecting your software idea

You have to protect your software idea if you don’t want it to fall into your competitor’s hands. You don’t have to wait till you transform the idea into something tangible before protecting it.

Here are ways to protect it.

1. Keep it confidential

The most important and first thing to do to protect your software idea is to not talk too much about it to others. Avoid bragging about it to competitors or posting about it online. You should only share the idea with people you really trust and those who need to know.

You can speak to your partners and potential team members only after you have done a thorough background check and you’re sure you can trust them. You should also be careful with the industry and experts you might want to share your software idea with.

2. Speak to an attorney

You’ll need an attorney to tell you what to do. They’ll let you know how to protect your idea and what parts can be patented, trademarked, or copyrighted. They can also help you with research and with the application process. 

Of course, you’ll have to pay fees for all the processes and services rendered. Your idea has a higher chance of protection if you consult an attorney who deals with similar cases than on your own.

3. Clarify who owns the code

If you didn’t work on the code alone, you should clarify who owns it. While developing the code, you might have signed some development agreements. Ensure you scrutinize it and that it assigns ownership rights to you. Don’t leave anything to verbal agreements or promises.

You can also speak to an attorney to ask how to own the code. Your attorney will advise and guide you on what to do, and you should follow their direction accordingly.

4. Copyright the code

You can easily copyright your software since it’s a creative work. Doing this will guarantee that the copyright law protects your intellectual property from being stolen. The copyright becomes effective the moment you start creating the product. 

Of course, you can’t copyright an abstract idea of your software. Rather, what you can protect is the software’s source code or UI elements. Copyrighting is inexpensive, so you shouldn’t delay that if you want to protect your idea.

5. Use NDAs

Non-disclosure agreements are necessary if you want to protect your idea until it’s ready. First, you’ll need to limit the amount of people you share it with. Only disclose it to a few trusted people. Then, ensure you use NDAs to protect your trade secrets and confidential information.

Ensure your potential teammates, co-founders, investors, or friends sign NDAs. You can have an attorney draw one for you.

6. Patent it

You can’t patent an idea. However, you can patent the software algorithms if it’s novel. Patenting your software products or algorithms might be challenging because there’s a limit to what can be patented, and the application process can be tedious.

It’s best to speak to a patent attorney about applying. They will research on your behalf to determine whether it’s patentable. Furthermore, they can help you file for a patent, communicate with the examiners on your behalf, and ensure your patent is approved.

7. Trademark it

Trademarking some important parts of your software is like doubling on the protection. You can trademark your taglines, logo, images, quotes, or slogans. This is to ensure these elements are unique to your software when you eventually launch it.

You must ensure that whatever you’re trademarking is unique and not similar to an existing one, so you’re not infringing on another person’s trademark.

8. Document the process

Documentation is very crucial for everything you do as you develop your software. Document everything related to the software idea and everything created during the duration of your work. This can protect you and strengthen your case should any difficulty arise and you have to go to court. 

Record the application’s codes and every meeting—no detail is too small. Don’t assume anything is unimportant, because you never know what will be of help in the future.

9. Get the developers to sign an IP assignment agreement

You should get the developers working on the software development to sign an IP assignment agreement that indicates that everything they developed within the company belongs to you. 

That way, they can’t share trade secrets with your competitors or use them for personal benefit. If they do, you have grounds to sue them.

10. Don’t rush to investors

Don’t rush to investors while your idea is still new and you haven’t done much about it. You’re more likely to get investors when you have something to show for it, like concrete milestones, traction, or an actual working version.

Furthermore, you should be careful with investors so you don’t end up pitching to fake or masquerading contractors. Ensure you check the digital footprints of investors and that there’s nothing suspicious about them before sharing anything with them.


Ideas must be protected until they’re ready for sharing. To enjoy the benefits of your idea, protect it like it’s something important to you. 

One step you definitely shouldn’t skip is talking to an attorney. They’ll advise you on how to protect your software idea to make it completely yours and help you through important processes.

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