Founding Partner
Starting a business often means moving quickly, but when it comes to protecting your ideas, timing matters. For startups in New Jersey, filing for intellectual property (IP) protection early can help secure your innovations, brand identity, and creative work before others try to claim them. Whether you’re developing software, branding a new product, or launching an app, it’s important to understand when to start the process for patents, trademarks, and copyrights. In many cases, waiting too long could put your work and your business at risk.
Patents: File Early to Protect Innovation
When your startup is creating something new, whether a product, machine, method, or process, you may be able to protect it with a patent. But here’s the catch: if you publicly share your invention before filing, your ability to get a patent could be limited or even lost.
In the U.S., you have a one-year grace period from your first public disclosure to file. But many countries offer no grace period at all. That’s why we often recommend filing a provisional patent application before you:
- Pitch your idea to investors
- Show a prototype at a trade show
- Launch a crowdfunding campaign
- Publish a white paper or article
A provisional patent doesn’t require formal claims and gives you a year to refine your invention and seek funding. It also secures an early filing date, which is helpful if someone else is developing something similar. Once your idea is more developed, you can file a non-provisional (utility) patent to begin the full process.
Trademarks: Build Your Brand, Then Lock It In
Your startup’s name, logo, and tagline are some of its most valuable assets. A trademark protects those brand elements and helps prevent others from using similar marks in a way that causes confusion.
You don’t need to wait until you’re selling products or services to take action. You can file an intent-to-use trademark application with the U.S. Patent and Trademark Office (USPTO) as soon as you’ve chosen a name you plan to use. That way, you can:
- Reserve rights to the name while you prepare to launch
- Avoid infringing on someone else’s existing mark
- Strengthen your legal position if disputes arise later
The best time to file a trademark is before you spend money on branding, packaging, marketing, or domain names. This avoids costly rebranding if your chosen name is already taken.
Copyrights: Protect Your Creative Work
If your startup produces original content, such as a website, app interface, written materials, photos, videos, or software code, that content is automatically protected by copyright law as soon as it’s created. However, registering your copyright gives you the legal tools to enforce those rights in court and seek damages if someone uses your work without permission.
For many startups, this means registering copyright when:
- The work is complete and ready to publish or distribute
- You’re licensing the content to third parties
- You want to prevent unauthorized copying or use
While it’s tempting to wait, registration is inexpensive and can save you trouble down the line. It also makes your ownership clear on the record.
Common Mistakes Startups Make With IP Timing
We’ve worked with many early-stage businesses, and a few common timing missteps come up again and again:
- Sharing an invention publicly before filing a patent
- Launching a product without checking if the name is already trademarked
- Skipping copyright registration for content that ends up being copied
These issues can lead to lost rights, legal disputes, and unexpected expenses. A little early planning can help you avoid problems that grow with your business.
How We Help New Jersey Startups Protect Their IP
At Gearhart Law, we work with startups across New Jersey to help them secure IP rights from day one. We offer clear guidance on when and how to file, explain the options that fit your budget and goals, and handle the paperwork so you can focus on building your company.
If you’re in the early stages of product development, branding, or content creation, don’t wait until you’ve launched to think about protection. We’re here to help you get started the right way. Contact Gearhart Law today to schedule a consultation and make sure your ideas are protected before they go public.