What is Intellectual Property? How do I know I have it?
In this wired global economy, much of what we buy and sell is intangible. Intellectual property is your ideas, your words, your inventions, your images, your theories, your designs, and your plans. Pretty much everything you can't touch but can still buy or sell is some form of IP. If you have ever thought, "Wow, if XYZ Corp. gets its hands on this, we're in big trouble!" your business could benefit from a comprehensive IP evaluation. HLR will evaluate your IP portfolio to help you weigh the costs and benefits of pursuing the various forms of IP protection.
Patents are what people often first think of as IP. A patent is a temporary grant of monopoly from the federal government allowing you to control who can make and sell your invention. It typically lasts for 20 years from the time of invention, but it can take several years or more to complete the application process. You must completely describe your invention so that other people could produce it from your instructions, which means you must be vigilant in defending your patent should a competitor begin producing it. Patent "prosecution" is the term for filing a patent, while patent litigation encompasses all forms of patent defense, from Cease and Desist (C&D) letters and injunctions to license negotiations and a jury trial. Many good ideas might be patentable, but it is important to keep an eye on the goals of your business relative to the costs of pursuing a patent. HLR has a USPTO-registered patent agent on staff ready to work with you to prosecute patents, and we will be sure to give you the options and costs up front to empower you to make the right decisions for your business model.
Copyrights protect the expression of your ideas. If you blog, write jokes or a manuscript, draw a comic or illustration, create artwork or music, movies, or photographs, you probably have a copyright in your original creative work that you can license to others or use to prevent others from publishing your work. Another often-overlooked area of copyright is presentations you have prepared for professional lectures, meetings, or marketing. One of the trickiest areas of website and internet marketing is the use of others' images and words. HLR can help protect your content as you promote your business, and come to your defense in the case of trouble.
Trademarks are how you know where the goods and services you purchase are coming from. A distinctive mark identifies the quality and source of the provider and helps the consumer determine whether to purchase it, be it legal services or a cheeseburger. Note that when marketing consultants encourage you to "brand yourself" or emphasize the importance of "branding," it is crucial to consider the legal ramifications of appearing similar to your competitors. Trade dress, or the appearance of your product, is commonly evaluated at this time as well. HLR will help you clear your marks to ensure that your brand is both impactful and stands out from the crowd.
Trade secrets are those elements of your business that are so crucial to your success that you don't tell anyone about them. Trade secrets cannot be "filed" or applied for, but they must be vigorously protected through non-disclosure agreements with your employees, partners, vendors, and clients. HLR can help you avoid problems by working with your business to establish an assertive trade secret protection plan through contract and license agreements.
(c) Elana A. Bertram, 2011
Patents are what people often first think of as IP. A patent is a temporary grant of monopoly from the federal government allowing you to control who can make and sell your invention. It typically lasts for 20 years from the time of invention, but it can take several years or more to complete the application process. You must completely describe your invention so that other people could produce it from your instructions, which means you must be vigilant in defending your patent should a competitor begin producing it. Patent "prosecution" is the term for filing a patent, while patent litigation encompasses all forms of patent defense, from Cease and Desist (C&D) letters and injunctions to license negotiations and a jury trial. Many good ideas might be patentable, but it is important to keep an eye on the goals of your business relative to the costs of pursuing a patent. HLR has a USPTO-registered patent agent on staff ready to work with you to prosecute patents, and we will be sure to give you the options and costs up front to empower you to make the right decisions for your business model.
Copyrights protect the expression of your ideas. If you blog, write jokes or a manuscript, draw a comic or illustration, create artwork or music, movies, or photographs, you probably have a copyright in your original creative work that you can license to others or use to prevent others from publishing your work. Another often-overlooked area of copyright is presentations you have prepared for professional lectures, meetings, or marketing. One of the trickiest areas of website and internet marketing is the use of others' images and words. HLR can help protect your content as you promote your business, and come to your defense in the case of trouble.
Trademarks are how you know where the goods and services you purchase are coming from. A distinctive mark identifies the quality and source of the provider and helps the consumer determine whether to purchase it, be it legal services or a cheeseburger. Note that when marketing consultants encourage you to "brand yourself" or emphasize the importance of "branding," it is crucial to consider the legal ramifications of appearing similar to your competitors. Trade dress, or the appearance of your product, is commonly evaluated at this time as well. HLR will help you clear your marks to ensure that your brand is both impactful and stands out from the crowd.
Trade secrets are those elements of your business that are so crucial to your success that you don't tell anyone about them. Trade secrets cannot be "filed" or applied for, but they must be vigorously protected through non-disclosure agreements with your employees, partners, vendors, and clients. HLR can help you avoid problems by working with your business to establish an assertive trade secret protection plan through contract and license agreements.
(c) Elana A. Bertram, 2011
