How To

How to Report Intellectual Property Violations for Your Small Business

Contributor
By eHow Contributing Writer
(3 Ratings)

The term "intellectual property" refers to the ideas, designs or creations in your small business that have commercial value and are legally protected by trademarks, copyrights or patents. However, in order to protect your ideas, you need to understand what kinds of intellectual property protection exist and how to report a violation when it occurs.

Difficulty: Moderately Easy
Instructions

    Know What Types of Intellectual Property Protection Exist

  1. Step 1

    Consider the primary forms of legal protection for your intellectual property: copyrights, patents and trademarks.

  2. Step 2

    Protect creative work such as music or art from being copied or used by others with a copyright. Copyrights usually protect work for 70 years beyond the creator's death.

  3. Step 3

    Apply for a patent to protect an original invention. Only a patent holder can use their invention for commercial use, and a patent usually lasts for 14 to 20 years, depending on the type.

  4. Step 4

    Use a trademark to protect the signs or names used to represent a company. Lengths of protection vary for trademarks, but they can generally be renewed for life.

  5. Acquire Intellectual Property Protection for Your Small Business

  6. Step 1

    Make sure your product or idea is well researched and developed before applying for a patent, copyright or trademark and before presenting it to investors or business partners.

  7. Step 2

    Create nondisclosure agreements for employees, investors or anyone else who may have access to your intellectual property.

  8. Step 3

    Visit the United States Patent and Trademark Office Web site to determine which form of intellectual property protection would be most appropriate for you and to find out how to apply (see Resources below).

  9. Step 4

    Hire an intellectual property lawyer to help with the application process, or if you need to file a suit against someone you feel has violated your copyright, trademark or patent. Ask your intellectual property lawyer to tell you up front whether your case holds water.

  10. Report Intellectual Property Violations for Your Small Business

  11. Step 1

    File a suit in a federal civil court to report violations of federal intellectual property laws. The suit needs to be filed by the rights holder.

  12. Step 2

    Consider reporting violations of intellectual property to the FBI, your local U.S. Attorneys Office or the Department of Justice in order to pursue criminal charges against someone who has violated intellectual property law.

  13. Step 3

    Contact the United States Patent and Trademark Office to get advice from intellectual property attorneys.

Tips & Warnings
  • Securing intellectual property protection is a time consuming process and can take up to 2 years, depending on the type of protection you need.
  • Falsely reporting an intellectual property violation can leave you open to countersuits for damages to reputation and character.

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