10/02/2004

IP Software Seller Strategies

From Holland & Knight:

"For many software companies, intellectual property just happens. Programmers write code. Sales staff find customers. Executives book revenues. The company may have a sales strategy and a long-range view of technology, but the legal protection of its intellectual property becomes an after-thought -- a strategic orphan. Big mistake.

Companies that do not identify risks early, if not immediately, pay dearly when the day comes that a potential buyer or investor tries valuing the company's core asset -- its software. The strategy need not harmonize with every syllable of the business plan. However, the software protection regime must be more than a three-line checklist of patent filing deadlines, or the occasional piece of hate mail threatening to sue over pilfered computer code."