Individual Response Memo

Individual Response Memo #2 Protecting the value of a company is crucial to its success, especially as a start-up business. Given that intellectual property constitutes a hefty portion of a company’s value, it is paramount to take the right course of action to attain the utmost protection, and avoid unnecessary mistakes to be several steps ahead in industries. IDS as a company in the technological industry must go above and beyond to seek the right intellectual property protection as such an innovative business entity in biometric technology. When adding BDJV as a partner in business and potential competitor, it is crucial for IDS to securely cover all of its bases. IDS must seek trade secret protection, copyright protection and patent protection.

ID Security’s biometric security software is certainly a trade secret they must keep from BDJV to maintain both its value and competitiveness in the marketplace. It is certainly a viable option for protection as a start-up company as it is inexpensive and does not require much outsider help. Without the appropriate trade secret protection, BDJV as a competitor can easily obtain this software through proper means in collaboration, and progress its own software independently through whatever means, even reverse engineering. BDJV can in turn use this information and software to its own advantage to expand further and reap even more benefits from access through IDS, leaving IDS in the dark. In doing so, IDS can no longer seek trade secret protection and they will have lost both value and competitiveness and therefore much revenue as a budding business. If however, BDJV were to obtain this software through improper means then IDS can enforce its trade secret rights and seek protection through legal

Unlike both trade secret and copyright protection, a patent will protect IDS federally and will allow the company to prevent other entities from making or using its biometric software in the United States. Though expensive, this form of protection is invaluable not for allowing IDS to use its own software but to prevent BDJV from doing so. IDS should take precaution and at least file a provisional patent application as soon as possible. This particular form of intellectual property protection with put IDS above and beyond any competitor such as BDJV in not just innovation and clout but in revenue as well. This biometric software certainly falls into patentable subject matter, is useful, novel and is not just an extension or derivative of an existing software or technology, all criteria to acquire a patent. Should IDS not take the precaution of obtaining a patent, then BDJV can with the same software as a competitor and therefore not allow IDS to meet the requirement of having a novel invention that has not been patented and used by other entities already. On the topic of a statutory bar, if IDS does file for a patent and BDJV were to compete and file for one before IDS and had it approved before, this software could be disclosed to the public and deny the approval of a patent for IDS. This would for IDS