New Jersey is booming with startups, especially in the healthcare and tech fields. For new businesses, protecting intellectual property (IP) has to be a focus in order to thrive, and that is what we can help with at Gearhart Law. We offer guidance on IP considerations for startups that can really make a difference.
If you’ve just started a business and want to ensure your intellectual property is safe, copyright and patent lawyers can help. Contact us at Gearhart Law today.
Why Startups Must Protect IP
Intellectual property refers to creations like inventions, creative works, names, and so much more. Intellectual property rights strive to protect your IP from being copied without your explicit consent.
IP is a valuable asset for any startup. Without IP protection, anything you create for your company could be reproduced and exploited without you having any recourse. Protecting your IP means that you have a say in how it’s used and distributed while also letting you make a profit from what you have created.
Intellectual property also gives startups a competitive edge in the market. You can stand out from the crowd by offering unique products or services, and you can even attract investors to help you grow.
Using Patents to Protect IP
IP considerations for startups have to include the use of patents. There are three main types of patents.
Utility patents are the most common. They cover:
- Machines
- Processes
- Manufacturers that are new and useful
- Compositions of matter
Utility patents have a maximum term of 20 years, starting at the filing date. You also need to keep up with maintenance fees to ensure legal protection.
Design patents are another option. They focus on the surface ornamentation of an object. That can include the configuration or shape of the item. The design has to be inseparable from the item to be able to get this kind of patent. Keep in mind that a design patent, which lasts 15 years, will only cover the object’s appearance, not its use.
Another type of patent is a plant patent, which protects the creation of new types of plants. There are some requirements you have to meet to qualify for it, beginning with ensuring the plant is not tuber-propagated. The plant must also not be available in an uncultivated state.
You must be able to reproduce it asexually, as well. This means that the plant is reproduced using grafting and not seeds. If you can’t reproduce it in this manner, then the patent can’t be granted because it won’t be clear whether you’ll be able to create it again. A plant patent lasts 20 years.
No matter what kind of patent you choose, the process of registering it requires that you file an application with the United States Patent and Trademark Office (USPTO). We can guide you through the various steps in the process, including searching for similar patents and getting a provisional patent.
Because of how technical these applications are, you never want to tackle them on your own. With patent lawyers by your side, you can save time while ensuring that everything is presented correctly.
Further Tips for Keeping Intellectual Property Safe
Aside from filing patents, there are other ways that a startup can help protect intellectual property. One of these is ensuring that employees, partners, and even suppliers understand who owns the IP.
People working on IP-related projects should sign non-disclosure agreements, and freelancers or contractors have to assign ownership of the IP to the startup. All employees must also be aware of the startup’s policies regarding IP as well as data protection. You should reinforce these policies consistently.
Registering copyrights and trademarks as soon as possible is also essential. This not only ensures that they are protected but also means that you can begin making revenue from them. IP considerations for startups should include a look at whether design rights and trade secret protections are a good option.
Contact Our New Jersey Patent Lawyers Today
Startups can face a number of challenges, but you don’t want one of these to be the theft of your intellectual property. You can protect your creations by turning to options like patents, which offer years of security so that you can focus on helping your business grow to its full potential. At Gearhart Law, we have patent lawyers ready to help you with all of your intellectual property needs in New Jersey. With years of experience helping startups, we’re ready to guide you, too. Contact Gearhart Law today to speak with patent lawyers.