How to Protect Intellectual Property

By Lucinda Watrous

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Intellectual property comes in many shapes and forms. As a result of the varying things that fall under the "intellectual property" definition, there are a few different ways to protect it. Of course, only one method may be used for each property, so you must determine which one is the safest to use. This article will show you how to decide, as well as how to go about using that protection. Copyrights, patents, trademarks, and trade secrets are all intellectual property

Instructions

Difficulty: Moderate

Things You’ll Need:

  • Lawyer (Optional for copyright, recommended or required for all other types)Application and requirements to file (will vary depending on protection you choose)Filing fee

Copyright Protections

Step1
Only certain things can be protected by copyright. Some intellectual property may be better protected as a patent, a trademark, or a trade secret, so depending on your property and its use you should consider the options. Choose what you think is best, or consult a lawyer if you are unsure. Copyright is best for most intellectual property. It keeps others from claiming and profiting from your work. Permission must be gotten from the original creator or copyright holder before use.
Step2
No special process must be completed for the copyright. Obtain the necessary forms (different properties require different forms), and complete the forms as required. Different forms are available for works of visual art, versus a sound recording, but the basic information is the same.
Step3
Include the appropriate filing fee, send the document to the Federal Copyright Office. For more information on what has the protection of copyright, along with specifics, see the resources below.

Patent

Step1
Three types of patents exist, so you will need to decide which of the three best fits your needs. The patent protection is "the right to exclude others from making, using, offering for sale, or selling" the item you patent. Knowing this, you can see the difference between a patent and copyright for certain items, but for others, the protection would be no different. This is why having a lawyer is a good idea.
Step2
Patents must get into more detail than copyrights, and require application instead of simple filing of notification. Due to the increased complexity, it is suggested that you seek legal advice and assistance for this task. Nothing states that you cannot complete the process yourself, though.
Step3
Complete the necessary paperwork, include the fee, and file. Fees are much higher for patent protection than copyright, but many more rights are afforded in the event of infringement.

Trade Secrets

Step1
These are only protected if the secret does not get out, so there's no real formal filing process or anything to go by. If you have taken precaution to protect your information (refer to step 3 to see what legal clauses will protect you) and it leaks, you have the right to sue the person who leaked it under violation of step 3. This is essentially what deems it a trade secret.
Step2
Protected something like a patent instead of a copyright, this method has some benefits and some drawbacks in comparison. Patents expire, and trade secrets do not. However, because patents are formal and clear cut, it is easy. A trade secret only qualifies as such under certain circumstances, so if you think you have one, and you sue, but it is deemed it is not actually one, you may be risking too much.
Step3
Use this method at the advice of a lawyer, and use non-compete and non-disclosure agreements with anyone who would have the potential to leak the secret. Only use trade secret law if copyright, or patent seem not to work, and you are sure that it would not harm you to choose one of those two protections instead.

Tips & Warnings

  • Your property is technically copyrighted from the second that it is fixed in "tangible" form; however, a formal filing of copyright makes it easier to claim rights of infringement.There is no such thing as a "Poor Man's Copyright"
  • Remember this is NOT legal advice. It is best to check the sources below, and/or with a lawyer.Just because you can sue for damages, does not mean you should; sometimes you spend more fighting it than you would ever receive as compensation. Choose your battles wisely.

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eHow Article: How to Protect Intellectual Property

Article By: Lucinda Watrous

Lucinda Watrous

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Category: Personal Finance

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