Intellectual property (IP) is an increasingly valuable asset for businesses and entrepreneurs. IP includes intangible assets resulting from creativity and innovation, such as new inventions, original writings and artwork, unique logos and branding, as well as other designs and images that are commercialized. Protecting your intellectual property ensures that you retain exclusive rights to profit from your ideas and innovations. This article provides a step-by-step guide to help you safeguard your intellectual property.
Register Your IP
The first step is to register your IP rights by filing an application with the appropriate government agency. Different types of IP require registration through different channels:
- Patents – File a patent application with the U.S. Patent and Trademark Office. This gives you the exclusive right to make, use, and sell your invention for a limited time.
- Trademarks – Register your business name, logo, slogan, or other brand identifiers with the U.S. Patent and Trademark Office. This protects your brand identity in commerce.
- Copyrights – Your original literary, musical, dramatic, and artistic works are automatically copyrighted. But you can register the copyright with the U.S. Copyright Office to boost enforceability.
When you file for protection, follow all instructions carefully and provide as many details as possible. The application creates an official record of your IP rights.
Use Certified Mail When Filing Applications
When sending your IP registration application to the government agency, use Certified Mail Labels. Sending the paperwork via certified mail provides legal proof that your application was physically received and the date it arrived. This evidence can help uphold your IP rights if they are ever disputed in court.
Disclose Your Protected IP
Once registered, place a notice of your protected IP rights on all products or materials related to your IP. For patents, use the words “Patent Pending” or “Patent No. 1234567”. For trademarks, use the TM (unregistered) or ® (registered) symbols. For copyrights, use the © symbol, the year, and copyright owner’s name. Proper disclosure puts others on notice not to copy your protected material.
Monitor Your Marketplace
Actively monitor your industry for any potential infringement of your IP rights. Watch for competitors selling similar products or copycat mobile apps, websites, or marketing materials. If you find potential infringement, document it thoroughly. Save photographs, screen captures, purchase receipts, or product samples. If legal action becomes necessary, this evidence will be critical.
Send Cease and Desist Notices
When you spot infringement, quickly send a customized cease and desist letter. Outline the infringing acts, the protected IP, and demand the infringement stops immediately. Provide a deadline for a response. Cease and desist notices help resolve many disputes before going to court.
Negotiate Licenses
Instead of viewing some “infringers” as adversaries, consider negotiating a licensing agreement. This allows others to use your protected IP in mutually beneficial ways. You earn royalties while the licensee gains legal access to your IP. Licensing protects your IP asset while also generating revenue.
Pursue Legal Action
If informal resolution fails, litigation may be necessary. Work with an IP attorney to file a lawsuit against the infringer. IP cases can involve copyright, trademark, or patent lawsuits, and even antitrust or trade secret claims. Lawsuits require extensive litigation, so pursue this option strategically after weighing legal costs versus potential damages.
Protecting your intellectual property involves both registering your IP rights upfront and taking proactive steps over time. Following this strategic process allows you to fully leverage your IP asset for business growth and revenue. With persistence and attention to detail, you can establish ironclad IP protection.
