Identifying intangible assets
Start with an inventory: names and logos, software, written and visual content, inventions, customer lists, and internal know-how. Each may be protected differently, or not at all, depending on how it is created and handled.
The main categories
Trademarks protect words, logos, and other identifiers of source. Rights can arise through use, and federal registration with the USPTO provides additional benefits.
Copyright protects original works of authorship from the moment they are fixed in a tangible form, while registration with the U.S. Copyright Office is generally required before filing an infringement suit for U.S. works. Patents protect qualifying inventions and require an application and examination. Trade secrets protect valuable confidential information through reasonable secrecy measures.
Ownership in practice
Employees and contractors create much of a company's IP. Written assignment and confidentiality agreements are commonly used to confirm company ownership, and their effectiveness depends on drafting and applicable law.
Using others' IP
Licenses for software, fonts, images, and open-source components carry obligations. Reviewing license terms before use avoids later remediation.
Related Reading
For an overview of how this topic connects to everyday business decisions, see our pages on intellectual property and commercial contracts.
