You’ve come up with an exciting idea and have done the development legwork. Yet before you take another step, it’s critical to protect your software by patenting your work. Here are some tips on navigating the process and how to get started.

Target (News - Alert) what is patentable. It may sound obvious, but it’s an important place to start: Determine the essential elements of your software product that are patentable. What, exactly, makes it unique from existing technology? Does your idea combine elements of known technology in novel ways? The more specific you can be about pinpointing precisely what is new about your invention, the better you can protect your valuable ideas.

Don’t jump the gun. Especially if you’ve been working on your software solution for a long time, it can be tempting to send out teasers or even officially announce your product—even if it’s not yet for sale. But by doing so, you could lose your right to patent if you disclose information about your product without the benefit of patent protection. Start taking immediate steps now—no matter where you are on the development continuum—to document your work and get the patent research process rolling. And until you’ve secured the patent, keeping quiet is key.

Document your development process. It’s important to be prepared to defend the novelty of your idea, if necessary. Being able to do this means documenting each step of your ideation and development process along the way. Keep good records that include dates, sketches, notes, meetings and other ways to show how you came up with and developed the idea. Round up witnesses who can validate the novelty of your idea and how it was developed.

Engage assistance at the right time. There’s no way around it—patent attorneys are expensive. Yet by choosing to engage professional help at the right time, you can realize some significant savings on fees. Google (News - Alert) Patent Search is a great place to get started researching similar software ideas. You can also write your own drafts of your patent application to speed the process along. When it is time to engage a patent attorney, that individual can also help you identify what’s patentable and choose the best window of opportunity for filing your patent. They can also help you refine your target market, based on their experience and expertise.

Know when to hold ‘em. Simply by filing a patent application, some of your ideas will become known. If that’s an issue for your idea, based on the competitive landscape, timing or the specifics of your technology, consider holding your ideas as “trade secrets”. You’ll be better able to protect the truly revolutionary aspects of your work, while still securing protection through the patent process.

Having an idea that’s patentable is exciting and the dream of every developer. Educating yourself about the patent process will help you navigate this necessary part of the product life cycle—and protect your valuable intellectual property.

About the Author: Derek Peterson, VP of Software and Business Development, Intelligent Product Solutions (IPS), a software and hardware product development firm that integrates the full spectrum of design and engineering disciplines as a single source.  Derek is an expert in software engineering and his focus is currently on developing and executing enterprise software services and products.  He has created software products that are deployed on more than 100,000 devices worldwide.  Derek holds Bachelor of Science degrees in Computer Science and Applied Math from SUNY Stony Brook. He is reachable via [email protected].