Start with what you are trying to protect
Different intellectual property rights protect different subject matter. A business may need more than one right around the same product. For example, a product can carry a protected brand, include copyright material, use a patentable technical invention and have a registrable industrial design.
Trademark
A trademark distinguishes the source of goods or services. Typical examples include brand names, logos and product marks. Protection is assessed in relation to the mark, owner and relevant goods or services.
Copyright
Copyright concerns original expression such as text, artwork, photographs, software and other eligible works. Ownership, authorship, employment and commissioning terms should be checked. Paying a freelancer does not always answer every ownership question unless the agreement deals with rights clearly.
Patent and industrial design
Patents concern eligible inventions that satisfy the legal requirements. Industrial design protection focuses on eligible visual features of an article. Public disclosure before a filing can be harmful, so inventors and designers should obtain advice before pitching or publishing sensitive details.
- Keep dated creation and development records
- Use confidentiality agreements where appropriate
- Confirm ownership in employment and contractor agreements
- Search before investing in filing
- Plan protection in countries where the asset will be used
Common questions
Questions people ask about this issue
Does one registration protect everything about a product?
Usually not. Brand, creative content, technical inventions and product appearance can involve different rights.
Should an invention be published before a patent filing?
Public disclosure can affect patent rights. Obtain advice before publishing, selling or presenting the technical details.
Verify current requirements
Official and primary resources
Use these sources to check the current law, portal or procedure. External sites are maintained by their respective authorities.