Whether your business creates products or ideas, you need to think about the security of both your physical and intellectual property.Inventions, images, logos, and goodwill of your customers are some of the most valuable assets.There are low cost and common sense steps you can take to protect intellectual property.
Step 1: The three types of intellectual property are listed.
There are three different types of intellectual property.There are different categories for each one.To remember the differences between the three, remember that a patent, copyright, and trademark protect the invention, while the brand name protects the artistic expression of it.You may be able to patent an invention if it is new, useful, original, or ornamental.The patent protects your invention for 20 years.A patent gives the right to exclude others from making, using, offering for sale, or selling the invention in the stream of commerce.The artistic expression of ideas is protected by the Copyright Act.Books, other written works, art, music, photography, software, and dramatic performances are some of the most common copyrighted works.Copyright has the same strength as the law.You have the benefit of copyright when you affix the idea into a tangible form.The United States Copyright Office of the Library of Congress gives you additional legal benefits if you register your copyright.A trademark is a term of commerce.Your brand names, logos, packaging, and other distinctive designs are protected by it.You get the legal benefit of a trademark when you display it on your product.You can add even more protection to your intellectual property with the trademark registration system of the US Patent and Trademark Office.
Step 2: Your business assets and creations should be categorized.
Pick out the three categories for your intellectual property.Did you or your business invent a new product or process that has monetary potential?You may want to patent it.The writing and art produced by your business, including manuals, how-to guides, software, game script, websites, computer code, music, films, art, or photography, can be protected under copyright.The brand names, labels, signs, logos, and slogans are going to be the trademarks that represent your business to your customers.
Step 3: Prioritize your intellectual property.
Every memo your company produces is intellectual property.You don't want to register it with the Copyright Office.Zero in on the products, artistic or intellectual rendering, and product branding that are important to the success of your company and would damage you if they were copied or stolen by others.You can create a program to protect your intellectual property by creating a catalog.
Step 4: A confidentiality policy is in the company manual.
Your company manual contains instructions on how to enforce your rules.To comply with federal labor statutes, keep your policy short and to the point.A simple statement like "Employees will not disclose business secrets, confidential information, or share any designated intellectual property without authorization" could be used.
Step 5: Non-disclosure agreements should be executed with employees.
This is important for inventions that could be eligible for patent protection.In software, game, and app development, this is very common.A confidentiality agreement gives you legal recourse against an employee that takes your intellectual property and sets the tone of your business.
Step 6: Employees and contractors can sign non-compete agreements.
"covenants not to compete" can prevent a former employee from taking ideas he gained while working with you and using them for his own benefit.Non-compete clauses can be hard to enforce if they are too broad.It needs to be specific about the business interests you want to protect.A software engineer can work in the computer industry while a photographer can take pictures.It must be specific, such as a software designer agreeing to not work for a competing game designer or a photographer agreeing not to use proprietary editing techniques.In time and geographical scope, the clause must be reasonable.The period is usually six months to two years.It is more likely that an employee will not compete in the field of intellectual property in a city or state for six months to two years than it is that they will.An attorney skilled in employment practices should review non-compete clauses.Attorneys can either charge a fixed fee or hourly rate.You can expect to pay $150 an hour.
Step 7: Make sure your intellectual property is depicted on your products.
It's not necessary to be intrusive on your packaging.You should state on the packaging or information pages that the product name or slogan is a trademark of the company.If you have filed a patent application, mark it "Patent Pending."You don't lose legal rights by not having these statements, but you bolster your professionalism and stake your claim to your intellectual property by including them.They act as a notice to the public that your work is not open for copying.
Step 8: You can change the appearance of your images.
A mark, signature, or symbol can be found in one corner of a professional photograph.There may be writing on the photo when it is posted on a website.This is being recorded.It is possible to watermark sound files and videos posted online.There are programs for watermarking.
Step 9: You should be able to patent your inventions.
Before attempting a full application, you should consult with a patent attorney.The US Patent and Trademark Office began accepting applications in 1995.The stream-lined lower cost filing method protects your priority to claim the disclosed invention for up to 12 months while you pursue a full non-provisional patent.The term "Patent Pending" can be used on your invention.
Step 10: You can use your art and publications.
The Copyright Office has a system that is easy to use.You can file the registration without an attorney if you have basic computer skills.You will pay the application fee and submit your specimen after completing the online application.The process can take up to eight months.There is a step-by-step guide on the government website.For simple single author/ artist works, the fee is $35.If you have to go to court in aninfringement case, registration is a powerful evidence in your favor and can enhance the damages you can recover.For works in the USA that are copyrighted, it is necessary to register the work in order to file a lawsuit in federal court.
Step 11: You should register your trademark.
There is an online registration system for the USPTO.It can be done without a lawyer.It costs $200 to $300 per class to register a trademark, but it can be used to protect your intellectual property.You can register a trademark in one or more U.S. states, which is less expensive than federal registration.
Step 12: You can send aDMCA notice.
If you find copyrighted images on a website, you can send a request to the website owner and Internet service provider to remove them.This is authorized by the Digital Millennium Copyright Act.Large Internet-based companies such as eBay, Yahoo!, and Google have user-friendly procedures.They are usually buried in the terms of service.The easiest way to find the procedure is to do an online search.
Step 13: Do not write a letter.
This letter serves to inform a person or company that they are using your intellectual property and that you want them to stop or you may seek legal recourse.The intellectual property you are trying to enforce must be identified in the letter.It should include your contact information.Most of the time, it's harmless.Someone has incorporated your images into a website or used your logos on a blog.The tone of your first letter should be professional and respectful.Don't try to sound like a lawyer."You must stop this egregious and illegal use of my TRADEMARKS or face dire consequences."I may have to seek legal remedies if it isn't removed within 10 days.Please contact me if you have any questions.You want cooperation, not confrontation.
Step 14: Contact an intellectual property lawyer.
If you believe your intellectual property has been stolen or mis-appropriated by a former employee, customer, competitor, or other party, then you may have to file a lawsuit.Intellectual property litigation should be done with legal assistance.