What if you waited too long to file for patent protection? The “picket fence” strategy is a way to protect your technology as its market evolves, even if your core technology is in the public domain.

Suppose you developed a great software product having features ABC, but the software was offered for sale more than a year ago, or has been in public use for more than a year. By statute, your software is not eligible for patent protection.[1]� How can you protect your technology?