Protecting Your Intellectual Property

How to Protect Your Intellectual Property

If you have ever come up with a great idea, you know the uneasy feeling that someone
else might try to take it or claim it as their own. For business owners, creators, and entrepreneurs,
that risk is very real, and it’s the reason intellectual property (IP) protections exist. IP rights
promote innovation, economic growth, and fair competition as they provide you with tools to
defend what’s yours. Strong IP rights also make it easier for small businesses to attract investors,
build brand recognition, and defend against misuse by competitors.

Broadly, IP protection falls into two categories: protecting your creations (inventions,
designs, and works of authorship) and protecting your brand (the names, logos, and appearances
that help customers recognize you.
Take a closer look at the different types of protection and why they matter:

Patents: Guarding Your Inventions

Patents are designed for innovators. They give you the legal right to stop others from
making, using, or selling your invention for a set period of time. Utility patents protect how
something works (e.g., software process, chemical formula, or new machine) while design
patents cover how something looks (e.g., unique shape of a product). Patents don’t last forever
(usually between 14 to 20 years), but during that time, they can give you a powerful edge in the
marketplace.

Copyright: Safeguarding Creative Works

Copyright protection usually applies to original works you create, such as writing,
artwork, music, films, or software. Copyright doesn’t cover ideas themselves, but instead covers
the way those ideas are expressed. For creators, it’s reassurance that your work can’t just be
copied and sold by someone else. Copyright usually lasts for the author’s life plus 70 years.

Trade Secrets: Protecting the Information You Don’t Share

Sometimes the smartest move is not to file anything at all, and instead to keep valuable
information secret. Famous examples include the Coca-Cola recipe or Google’s algorithm. Trade
secrets remain protected as long as they’re kept confidential and truly give you a competitive
advantage. That requires active measures: confidentiality agreements, restricted access, and proof
that you’ve worked to guard the secret. If those measures slip, so does the protection.

Trademarks: Protecting Your Brand Identity

A trademark is your business’s handshake with the public. It’s the name, logo, or slogan
that tells people, “This product comes from us.” Think of the Nike swoosh, Apple’s bitten
apple logo. Those marks don’t describe the products; they distinguish them. With proper use and
renewal, a trademark can last as long as your business does.

Trade Dress: Protecting the Look and Feel

Trade Dress goes beyond your name and logo. It is about the overall look and feel of your
brand. Some recognizable things include the shape of a Coca-Cola bottle or the color scheme of a
McDonald’s restaurant. These visual elements signal to customers that they’re experiencing your
business. Protecting trade dress isn’t just about design or style. It’s about preventing competitors
from copying that distinctive look in a way that could mislead customers into thinking they’re
buying from you when they’re not. Much like a trademark, this protection generally
lasts the length the goods or services are continued to be used in commerce.

Why It All Matters

Protecting your intellectual property isn’t just about legal paperwork. It’s about protecting
your competitive edge, strengthening your brand, and giving you the confidence to grow without
worrying that someone else will profit from your hard work.

If you have any questions or need help protecting your intellectual property, please contact McNeelyLaw LLP by calling (317)825-5110

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific
facts or circumstances. The contents are intended for general informational purposes only, and you are
urged to consult your own lawyer on any specific legal questions you may have concerning your
situation.