Get the Facts on Intellectual Property Protection

In addition to the physical properties that comprise any business – from its location to its capital goods – there is also its intellectual property: the patents, logo, copyrights, trade secrets and other creative elements that make up the heart and soul of your company. Intellectual Property Protection is crucial for ensuring that what makes your business unique and recognizable to consumers remains safe from rivals and imitators. Learn the basics of Intellectual Property Protection and how Jurado & Farshchian, P.L. can help.

Why Intellectual Property Protection is so Important

To better appreciate the importance of safeguarding your business’ intellectual property, it helps to know what intellectual property entails. The following are the four major categories:

1. Patent – Gives you the right over an invention or novel utility function of your creation, including the right to exclude others from making, using, or selling it for a period.
2. Trademark – Protects your company brand – such as a logo, slogan, or other identifiable design elements – from being imitated.
3. Copyright – Works much the same way as a patent, except it applies to “forms of expression” such as a visual artwork, music composition, published writing, and even software codes.
4. Trade Secrets – Essentially the secret ingredient of your business, this broad category consists of any process, design method, manufacturing formula, or other unique business practice that gives your business its competitive edge.

At least one of the above-listed types of intellectual property is likely to be pertinent to your business, and thus must be protected accordingly. The modern business world is challenging and hyper-competitive enough without risking a rival imitating or stealing the ideas that help your business stand out and succeed. Thus, the sooner you get intellectual property protection, the better your chances of long-term commercial success.

Why Intellectual Property Protection Cannot Wait

The best way to protect your intellectual property is to file with the U.S. Patent and Trademark Office (USPTO), especially if you have national aspirations for your business. As a federal agency, it offers the highest possible safeguard for your intellectual property.

However, about five years ago the USPTO made a major change to its policies: instead of granting legal protection to whoever was first to invent a new idea, the USPTO now grants protection to whoever was first to file for protection – regardless of whether someone else came up with the idea first.

In other words, even if you provide irrefutable evidence that you were the first to come up with the intellectual property, if someone else beat you to the USPTO to file for protection, they are recognized as the legal owner with the right to exclude you. This makes it even more crucial that you apply for protection as soon as possible – no matter how unique your idea might seem, each day that passes makes it likely that someone will file first.

How to Get Started

Jurado & Farshchian, P.L. business attorneys specialize in providing cost-effective Intellectual Property Protection for businesses of all sizes. Given what is at stake for the future of your business, it pays to work with a law firm that has helped numerous entrepreneurs protect their most cherished innovations and brand identity.

To speak with one of our intellectual property experts, contact 305-921-0440 or email me directly at [email protected].