Follow the right way to keep your intellectual property protection intact


After working for months- even years- on an inventive idea,  you want to ensure that you bear the profits of it. It is necessary to protect it legally to avoid infringement that can lead to a loss. Intellectual property protection ensures your idea is safe from the hands of competitors and you’re the sole bearer of the profits made. To get intellectual property protection, you need to register for a patent in the office of USPTO (United States Patent and Trademark Office). The process to file the application and waiting for approval can take up to 12 months. 
However, it’s not permanent protection. 

Intellectual Property and its types

Intellectual property is an intangible creation of a human mind. It includes designs, symbols, music, products, and even colors amongst several other inventions. There are 4 legally defined categories of intellectual property protection. In the US, each category is granted a different length of protection:

  1. Patents: issues for 20 years from the date of the patent application. 
Granted for utility products and design, it legally excludes anyone to produce or sell your unique invention. Patents are domestic and international, depending on your target demographic market. It protects your company from international competitors that might use your idea for their benefit. Periodic fees are required to keep the enforceability of the patent. A company can apply for a license if you want to sell the rights of your patent to a manufacturer. 

2.                  Trademark: lasts for 10 years after registration.
This intellectual property protection includes names, phrases, symbols, sounds, and colors associated with a company’s services or products. Based on recognition value, trademarked products connect the customers to a brand and the quality they market. It can be renewed after the due date of protection and generally lasts as long as the trademark is used in commerce. 

3.                  Copyrights: Varies from 90-120 years. 
Copyrights protect artistic creations and written expressions in a tangible form- books, poems, songs, movies, paintings, etc. to note, copyrights protect the expression of an idea, not the idea itself. The last until the life of the author and 50-70 years after it. The owner has the right to reproduce or make byproducts of their world. Copyrights can be sold, performed, and presented to the public by only the owner. You need to register your copyright if you have to sue an infringement. 

4.                  Trade secrets: protected indefinitely. 
It can be a pattern, device, or compilation of data that allows the inventor to have a commercial advantage over their competitors. A business must prove the value-added to the company derived from the fact that it is a secret. The owner has to take reasonable measures and precautions within the company to maintain the secrecy. 

Protecting your IP during the term
Keep track of your documents and apply for a renewal application if your expiry date is coming up. Even during the term of the patent, a business owner must keep their patent safe from competitors to avoid losing profits. For this, you must:
  • Know what type of intellectual property protection you hold and its location. 
  • Keep a digital copy of the patent secured with you. 
  • Ensure your company’s employees know about the importance of secrecy without giving them all the trade secrets. 
  • Have a legal team to effectively deal with infringements and suing the copiers. 



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