Intellectual Property Protection: How to Protect IP

What does it mean to protect intellectual property?

Now that we know what intellectual property is, let’s talk about how to protect intellectual property. The word “protect” is curious in the context of IP. What do we mean by intellectual property protection? If you think of IP as an asset, then it makes sense.

What would it mean, for example, to protect your personal property? Perhaps we might think of securing our belongings – our tangible assets – to protect them from being stolen or used without our permission. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets.

So let’s talk about how to protect intangible assets. We’ll cover some basics on timing and costs for the most common applications for intellectual property protection.

How to protect your products with trademarks

Trademarks are relatively straightforward. To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark.

So you need to choose a trademark and identify the goods or services to be sold under the mark. Before investing in production and packaging, consider a trademark search.

You don’t have to wait until goods or services have been sold in order to file an Intent-To-Use trademark application. Filing an ITU provides you with several advantages, including an earlier filing date that would postpone the examination of any subsequently filed applications for similar marks by third parties. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

If you’ve already begun selling goods or services under a mark, file your trademark application promptly. Why let someone else beat you to the Trademark Office and delay the examination of your application?

Consider whether you want to apply for a word mark or design mark.

Can you file a trademark application after years of using your mark?

Yes, there is no time limit as to when you must file a trademark application. Take inventory of your product names and logos that remain unregistered. Prioritize that list and start filing trademark applications.

How to protect your innovation with patents

Unlike trademarks, patents do not require any use by the owner in order to be protectable. Patents also expire. For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention.

But, how do you convert an idea in your mind into an actual patent? If you’ve ever felt like someone “stole your idea,” is it possible that they simply patented an invention before you did? This brings us to an important principle about patents. If you do not apply, you will not get any patent rights.

This principle also applies to provisional patent applications that do not get converted to nonprovisional applications. If you do not file a timely nonprovisional, your provisional will expire and leave you with no patent rights.

Make sure you understand the differences between utility and design patents. It’s not always an either-or situation, as some concepts may warrant filing both types of patent applications.

If you plan to file a utility patent application, a patentability search may be worthwhile if your invention is simpler. For example, inventions that are primarily mechanical or structural may warrant a patentability search. Novelty searches might not be as useful for software apps due to the high probability of obviousness and eligibility rejections which generally are not covered in such patent searches.

You can try searching for yourself. However, the Patent Office imposes a duty of disclosure on patent applicants. So, you’ll eventually need to disclose the prior art references found in your search when you file a patent application.

Can you file a patent application after years of sales or public disclosure?

No, patents have a strict deadline. In the US, you have only one year from the earliest date of public disclosure to file a US patent application.

So it would be ideal to file a patent application before any public disclosure for at least two reasons. First, you reserve the right to apply for foreign patents. Second, you may win the first-to-file race and beat others to the USPTO.

If it’s too late to patent your original product, think about any improvements or modifications that have not yet been shown to the public. You may be able to file a patent application for your new and improved version, but prepare to argue with the examiner on how your newer concept is nonobvious over your original concept.

Need intellectual property protection?

Reach out to US trademark patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you protect your intellectual property.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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