Intellectual property can be among your most valuable assets. Understanding the different types of protection helps you decide what to register and how to avoid disputes.
Types of protection
- Trademarks protect brand names, logos and slogans used in commerce.
- Copyrights protect original creative works, such as software code, writing, images and music, from the moment of creation.
- Patents protect new and useful inventions and require an application.
- Trade secrets protect confidential business information, such as formulas and customer lists, as long as you keep them secret.
Early steps
- Search for existing trademarks before choosing a name.
- Consider registering your trademark.
- Use written agreements with employees and contractors that assign IP to the company.
- Use NDAs when sharing confidential information.
- Keep records of creation dates and authorship.
- Consult an IP attorney before disclosing an invention publicly.
Common mistakes
- Not securing ownership from contractors.
- Choosing a name too close to a competitor.
- Publicly disclosing an invention before filing for a patent.
- Ignoring open-source license obligations.
Costs and timing
Trademark and patent filings have fees and can take months or years. A lawyer can help prioritize what is worth protecting at your stage.
Frequently asked questions
Do I need to register copyrights?
Copyright exists automatically, but registration helps enforce it and is generally needed before suing in the U.S.
Can I protect an idea?
Ideas alone are not protected. Expression, inventions and brands can be.