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Applying for IP ProtectionWhether to file for IP protection is a decision only you can make, and involves cost/benefit analysis and other business considerations. If you decide IP protection is right for you: KNOW WHEN TO APPLYWhether filing in the United States or overseas, the best time to apply is before the product is brought to market. For patents, in particular, it may be important to file for protection prior to publication. KNOW WHAT TO APPLY FORA business’ product or service may be eligible for more than one type of IP protection. For example, the company name could be protected by trademark, its product patented, and its promotional materials protected by copyright. Decide which protections are right for you. Different types of intellectual property are protected by different means. In the U.S., patents may be available to any person who “invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.” Patent protection must be sought by application with the USPTO. Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Registration with the USPTO is not required, but does provide certain advantages. Copyrights protect original works of authorship, including literary, dramatic, musical, artistic and certain other works, both published and unpublished. In the United States, the U.S. Copyright Office handles copyright registration that, although not required for protection, does confer advantages. KNOW WHERE TO APPLYIn the United States, patent and trademark applications are filed with the U.S. Patent and Trademark Office. The U.S. Copyright Office handles copyright registration.
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