Intellectual Property Considerations for Businesses
An overview of trademarks, copyrights, patents, and trade secrets, and how businesses can identify and protect their intangible assets.
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Intellectual Property
Orientation on trademarks, copyrights, trade secrets, and ownership of the work a business creates.
Introduction
Understanding Intellectual Property
For many companies, the most valuable assets are intangible: a brand, software, content, processes, and customer relationships. Protecting these assets depends on understanding what type of intellectual property is involved and who actually owns it.
We help businesses map their intangible assets, understand the general characteristics of each form of protection, and identify gaps such as missing assignment language that should be addressed with a qualified intellectual property attorney.
Business Challenges
Where Questions Commonly Arise
- Brand names adopted without clearance searching
- Contractor-created work without written assignment
- Confidential processes shared without adequate safeguards
- Uncertainty about using third-party content and open-source software
Legal Considerations
Key Considerations
01
Different rights, different rules
Trademarks protect source identifiers, copyrights protect original works of authorship, patents protect qualifying inventions, and trade secrets protect valuable confidential information. Each has different requirements and durations.
02
Ownership is not automatic
Work created by independent contractors is not always owned by the hiring business without an appropriate written agreement. Employment relationships raise their own questions.
03
Registration matters
Federal trademark and copyright registration can provide important procedural advantages. Patent and trademark filings before the USPTO may require a registered practitioner or attorney.
Common Situations
When Organizations Reach Out
- Launching a new brand or product name
- Engaging freelance designers or developers
- Preparing for due diligence
- Licensing content or technology to a partner
Scope and Limitations
What Our Role Includes
Our support in intellectual property consists of business-focused information, document orientation, and preparation for decisions, within a scope agreed in writing. It does not include representation before courts or agencies, and it is not a substitute for advice from a licensed attorney on your specific facts.
Royal Pixel Press provides business advisory and legal information services and does not hold itself out as a law firm. Where a matter requires legal representation or advice constituting the practice of law, it should be handled by a licensed attorney admitted in the relevant jurisdiction.
Engagement Process
General Engagement Process
- 01
Initial Inquiry
- 02
Understanding the Matter
- 03
Scope and Requirements
- 04
Review and Analysis
- 05
Recommendations
- 06
Next Steps
Questions
Frequently Asked Questions
Can you register my trademark?
Trademark filings and prosecution should be handled by an appropriately qualified attorney. We can provide general information to help you prepare.
Who owns work my contractor created?
Ownership depends on the agreement and the type of work. We can explain the general principles; a licensed attorney should review your specific arrangement.
Does an inquiry about intellectual property create a professional relationship?
No. A professional engagement exists only after both parties sign a written agreement defining scope and fees.
Contact
Start a Conversation About Your Business Needs.
Share a brief description of your matter. We will review it and respond by email with whether and how we may be able to assist.
Contact Our TeamSubmitting an inquiry does not create an attorney-client relationship.