Intellectual Property Protection Lawyers
Ideas and innovations are among your startup’s most valuable assets—but what would happen if a competitor stole or misused them?
Protecting your intellectual property is one of the most important steps you can take as an entrepreneur. Whether it’s your brand, inventions, designs, sensitive data, or unique features of your products or services, ensuring the integrity of your IP could well determine whether your startup succeeds or fails.
Why Intellectual Property Protection Is Essential for Startups
Intellectual property (IP) refers to creations of the mind, such as inventions, brand names, creative works, and confidential business information. These intangible assets can give your business a competitive edge while serving as a valuable revenue stream, bringing significant value to your startup.
When you take the appropriate steps to secure your IP, you signal to investors that your business is a worthwhile venture. In fact, recent research shows that startups that establish their IP rights early on are up to 10.2 times more likely to secure funding. By prioritizing IP protection, you create a barrier against imitation and position your company for long-term growth and success.
Types of Intellectual Property Protection
To secure your intellectual property against infringement or misuse, you must establish ownership rights using one of four legal instruments. The specific method you choose depends on the exact nature of the asset you’re seeking to protect.
Patents
Patents give inventors the exclusive right to their inventions, preventing others from copying, using, or selling them for a certain amount of time. A patent can cover anything from software algorithms and manufacturing processes to innovative business models.
There are three primary types of patents:
- Utility Patents: Protect the functional aspects of a new machine, process, or composition of matter. They typically last for 20 years from the patent application filing date.
- Design Patents: Cover the new, original, and ornamental design of a manufactured item. They provide protection for 15 years from their date of grant (or 14 years if issued before May 13, 2015).
- Plant Patents: Protect new and distinct varieties of plants. Plant patents are valid for 20 years from the filing date.
Obtaining a patent is a complex process that usually requires legal assistance. It begins with a thorough search of existing patents to ensure your idea is novel. After filing the initial paperwork with the U.S. Patent and Trademark Office (USPTO), an examiner reviews your application to determine whether your invention meets the required standards.
Trademarks
A trademark protects the unique brand identifiers that distinguish your goods or services from others, such as names, logos, and slogans. Once you’ve registered a trademark with the USPTO, you have legal grounds to sue if another party infringes on your IP rights.
An “intent to use” trademark application is particularly useful for startups, as it allows your business to secure a mark before you’re ready to launch. Unlike patents and copyrights, a trademark can last indefinitely as long as you continue to use it and complete the required maintenance paperwork.
Trade Secrets
A trade secret is any confidential business information that provides a competitive edge. This can include product plans, customer lists, pricing strategies, or proprietary formulas. As long as the information is kept secret and provides economic value, it can be protected as a trade secret.
Unlike patents, trade secrets do not have an expiration date and are protected under state law as long as they remain confidential. The key is to take reasonable steps to maintain secrecy.
Copyrights
Copyrights protect original works of authorship that involve creative expression. This includes literary works like books, artistic works like paintings and photographs, and musical works like lyrics and compositions.
Copyright protection automatically applies the moment a work is created. However, registering your copyright with the U.S. Copyright Office provides a public record of ownership and is necessary if you need to pursue a lawsuit for infringement. For works created after January 1, 1978, copyright generally lasts for the life of the author plus 70 years.
Steps to Enhance Your IP Protection
While legal tools like patents and copyrights are essential for protecting your IP, there are additional strategies you can implement to further ensure your intangible assets remain secure. Precautions are especially important when protecting trade secrets, as they demonstrate your business took reasonable steps to maintain secrecy if you ever need to enforce your rights against infringement.
Confidentiality Agreements (NDAs)
A Non-Disclosure Agreement (NDA) is a legally binding contract that creates a confidential relationship between parties. You should use NDAs when sharing sensitive information with partners, contractors, investors, and even potential employees. This agreement ensures that individuals who gain access to your trade secrets are legally obligated to keep them confidential.
Proprietary Information and Invention Assignment Agreements (PIIAs)
It is critical that every founder, employee, and contractor signs a Proprietary Information and Invention Assignment Agreement (PIIA). This agreement assigns ownership of any intellectual property created by an individual while working for your startup to the company itself. Without a PIIA, there could be disputes over who owns the valuable IP developed during your business’s growth phase.
Robust Data Security Measures
Physical and digital security measures are fundamental to protecting trade secrets and other sensitive data. This includes using secure servers, restricting access to confidential information, and implementing data encryption. Training employees on security protocols helps create a culture of confidentiality within your organization.
Privacy Policies
Your customers’ privacy should always be front of mind. Well-crafted, comprehensive privacy policies that comply with state, federal, and international regulations can mitigate liability in the event of a breach. Transparent privacy policies demonstrate your commitment to safeguarding sensitive data and reassure customers that their information is secure, nurturing trust and brand loyalty.
Working with IP Attorneys
Engaging an experienced IP attorney early in your startup journey is a smart investment. An experienced legal professional can provide invaluable guidance on which types of IP protection are most appropriate for your business, help you navigate complex application processes, and defend your rights against potential infringement.
NEXT offers a variety of fixed-fee legal packages designed to cover all key aspects of intellectual property protection. Through partnerships with trusted patent experts, we also offer exclusive fixed-fee patent packages available only to NEXT clients.
Below are just a few of our IP offerings:
- Non-Disclosure & Confidentiality Agreements
- Two tiers of Trademark Packages
- Two tiers of a Terms of Use & Privacy Policies
- Commercialization of Inventions
Our services are flexible and can be customized to fit your specific legal and business needs.
IP Protection FAQs:
What’s the best way for startups to protect intellectual property?
You must first identify all of your company’s IP assets. From there, you’ll need to register patents for your inventions, secure trademarks for your brands, file copyrights for creative works, and protect trade secrets with NDAs and other robust internal security measures. Working with an experienced IP attorney will help you avoid costly mistakes and ensure all appropriate protections are in place.
Do I need a patent or trademark for my startup?
It’s always advisable to trademark your brand name and logo to prevent other companies from using similar marks that could confuse consumers. A recognizable trademark will also help your startup build a strong, recognizable brand image, which is critical to cultivating customer loyalty.
You’ll also need one or more patents if your startup has a novel invention, process or design.
How much does intellectual property protection cost for startups?
The cost of intellectual property protection depends on the type of IP you want to protect and the country where you seek protection. For example, securing a utility patent in the US can cost anywhere from $15,000 to over $30,000, while trademark applications with the USPTO typically only cost a few hundred dollars each.
Take the NEXT Step
Protecting your intellectual property is not just a defensive measure—it’s a strategic move that gives your business a competitive advantage, helps attract investors, and establishes a strong foundation for sustainable growth.
As seasoned startup lawyers, the NEXT team is focused on ensuring every legal box is checked, your company is in compliance where required, and your IP is fully protected to the greatest extent under the law.
Ready to learn more? Schedule a free introductory call to discover how NEXT can help safeguard your intellectual property and put your startup on the path to success.
