Protecting the business you created might be second nature to you. But you may be overlooking one critically important asset – your company’s intellectual property. Whether you have inventions, original written materials, a company logo, or trade secrets, it’s time to take a serious look at ways to protect them.
Be Proactive
As soon as you know you have intellectual property, you can start taking measures to protect it. Gather information about your company’s intellectual property, then immediately talk to an experienced business lawyer to learn more about your options. Failing to act could mean another party could start using your work and even attempt to take ownership of it.
Registering Your Company’s Intellectual Property
One way to put your legal ‘brand’ on your company’s intellectual property is by registering it or applying for a patent.
- Patents. You apply to the U. S. Patent & Trademark Office (USPTO) to get patent protection.
- Copyrights. You don’t actually ‘register’ to get copyright protection. According to the USPTO, copyrights are automatically secured when you create your work and “when it is fixed in a copy or a phonorecord for the first time.”
- Trademarks. A trademark or service mark distinguishes your company from others. You can register for a trademark at the USPTO and also at the Florida Division of Corporations.
- Trade Secrets. This one is a little tougher to define and protect. Anything that is “commercially valuable piece of information not generally known” to the public could be a trade secret. Think ‘secret sauce’ or KFC’s “11 secret herbs and spices.” Florida businesses can look to the Florida Uniform Trade Secrets Act for assistance.
Intellectual property law is as complicated as the assets it protects.
Be Cautious About Sharing Information About Your Company’s Intellectual Property
It may be tempting to talk about your exciting new ideas or inventions. You might want to brag about a clever ad campaign or a new look for your company. However, chatting indiscriminately could lead competitors to learn about your company’s intellectual property before you have had time to protect it.
Control Who Has Access to Certain Information
Take security and cybersecurity seriously when it comes to protecting your company’s intellectual property assets. Put measures in places to limit access on a ‘need to know’ basis.
Non-Disclosure and Other Agreements
However, there are times when you have to tell people about your company’s intellectual property. Ask your business lawyer to draw up non-disclosure or confidentiality agreements. Then, ask anyone with access to agree to keep your secrets.
Use the Right Markings and Language
Finally, properly mark your intellectual property. When someone sees patent pending, ™, or ©, you’ll be letting them know you intend to enforce your rights.
One Way to Protect Your Company’s Intellectual Property
Discuss your situation with an experienced business lawyer.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.