If you were to poll one hundred business attorneys and ask them what advice they would give to new business owners, the overwhelming majority would include advice to pursue the proper intellectual property protection for their business. However, many business owners do not know where to begin. Read on for a basic overview of the major types of intellectual property protection.

Copyrights

When a business generates written or artistic works, a copyright prevents others from copying or duplicating the work unless they have consent from the originator of the work. Copyrights cover a broad spectrum of works including video recordings, computer code, and any content created by the business.

If someone illegally copies the works of a business that are protected by copyright, the owner of the copyright can elicit the services of an experienced business attorney and pursue litigation against the infringing party. Copyright protection lasts for the lifetime of the creator plus 70 years.

As soon as a work is created, it is copyrighted. To help secure a copyright, business owners can do two things: Place a copyright notice on all copies of the work, and register your copyright with the U.S. Copyright Office. While registration is not required, it can make the litigation process more efficient if you can easily provide proof that you were the originator of the copied work.

Trademarks

When businesses aim to identify themselves by some combination of words, phrases, pictures, and logos, it is important to file for trademark protection. Trademarks uniquely identify a business.

Like copyrights, trademark protection is not explicitly required. However, as any experienced business attorney can attest, it can prove to be extremely difficult to prove you originated the identifier in question without legal trademark protection.

While many states offer trademark protection, they typically only apply to unauthorized use in the state where the trademark is registered. For a comprehensive level of protection, business owners are advised to apply for trademark protection with the United States Patent and Trademark Office.

To maintain a registered trademark, business owners will need to submit proof every ten years that they are still using the mark. When applying, business owners will state the type/class of business in which the mark will be used. Trademark protection typically only applies to the same class of business in which the protection was filed.

Patents

When businesses invent a new product, material, process, or combination/modification of existing inventions, then filing for patent protection is advised. Patents are issued for the utility or design of an invention, and they help prevent other businesses from stealing the idea for profit.

Applying for patents is done through the United States Patent and Trademark Office. Consultation with an experienced business attorney is recommended before applying, as there exist numerous restrictions on what can and cannot be patented depending on the type of patent (utility or design) being pursued.

The Benefit of Legal Guidance

Determining the proper type of intellectual property protection to pursue can be confusing for new business owners. For years, the professionals at Coepio Legal have been helping Bay Area business owners navigate this process.