How are You Protecting Your Intellectual Property – Copyrights, Trademarks, & Patents

How are You Protecting Your Intellectual Property – Copyrights, Trademarks, & Patents

Chances are that, at some point some point in time, you’ve created something for your business that should be protected by a copyright, trademark, or patent.  It could be anything from a photo you’ve taken to your business slogan, or a product you’ve invented – all of which are assets that you should consider protecting from theft or unauthorized use by a third party.  There are several ways to obtain this protection:

1. Copyrights:  These protect original works of art, including photos, writing, songs, paintings, and more by granting you the sole right to reproduce and profit from your creation.  A copyright exists automatically when you create something new, but to get the highest, most enforceable level of protection, registration is necessary.  Copyright protection typically lasts for the author or creator’s life plus 70 years.
2. Trademarks:  These protect words, phrases, symbols, or other distinct features of your brand, which might include your slogan, the design of your product, or other aspects that are deemed important in differentiating your brand from another. Trademarks help protect your business as well as consumers, helping to differentiate between competitors. However, a trademark may not protect your business from a competitor creating a similar product by a different name or using the same name for a very different product.  Once registered, trademarks can be renewed for any number of 10-year periods.
3. Patents: These protect new inventions and discoveries, such as machinery, software, or even medicinal products. Patent protection bars others from using your idea for a limited time, giving you exclusive rights to it, typically for about 20 years. After that time, it becomes free for public use. Patents seek to balance the need to benefit inventors as well as the general public. However, unlike the other methods of intellectual property protection, patents are usually granted on the basis of whoever is first to file a patent application.

If there’s a chance that you or your business has intellectual property that needs protecting, you should discuss it with an attorney so that they can guide your through the process of obtaining it.  Intellectual property can be one of your most valuable assets and its protection may be paramount to the success of your business.  For this reason, it makes sense to start thinking about it now.  Let me know if I can help. 

The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.