Intellectual Property IdentificationPart I - What do you own in terms of intellectual property?Intellectual property identification does not have to be complicated. You don't need to an advanced degree in intellectual property strategy. But it should be comprehensive. You can probably do this step in one brief meeting with the right people in attendance. You need a process to do your intellectual property identification. In this case a list to remind you of what to look for in compiling your IP inventory. I am a list hound. Let's start with a working list for trademarks. As I mentioned earlier - if you are just starting out you may have none of these. But an established business may have more than you think. Here is a suggested review list. Trademarks Registered Marks (Foreign and Domestic) Business Names (Registered, DBA) Words, Slogans Logos, Icons, Graphics Domain Names Product Packaging/Configuration Website Design Sound, Color, Scent Trade Dress:
Point-of-sale Displays Website Design In this first step simply document all of these that you have, and if you do not have them, discuss whether you should. Think of anything that you use (or maybe should use) to distinguish your goods. Whether you do this exactly right the first time does not matter. You may end up with a homework assignment of studying up on what is meant by Trade Dress. Next - Consider Copyrights Registered Copyrights - again here is a list to work from.
Photographs Illustrations Computer Software Music Film/Video Website Content Record what you already have copyrighted and make notes of the things you should consider. Next - Consider Patents Issued Patents (Foreign, Domestic) Pending Applications (Provisional, Non-Provisional) Invention Disclosure Statements Mechanical Devices Electronic Devices Medicine/Medical Devices Chemical Composition/Process Computer-Based Business Process (Software) The patent list is mainly a thought-provoker. Think through the things in your business that should be protected from competitive copying. This often results in questions coming up that you are not sure about - "Is that really patentable?" That's O.K. - again, you may end up with a homework assignment to consult with a competent patent attorney/agent about how to think about these things. And Importantly - and often overlooked - Trade Secrets Customer Lists Pricing/Cost Data Customer Information and Sales Practices Business Plans Financial Data/Forecasts Manufacturing Techniques Design Manuals Production Processes/Specifications Survey/Research Data (including negative R&D) Computer Software (source code) Employee Knowledge Note that many of the items in the above lists may not apply to your business - but make that a conscious decision and record it - "We have no software in our business that needs to be protected." This first necessary step is to ensure you have thought about your intellectual property identification in a systematic manner. Now what do you do? Lets move on to the next step - beginning to secure your IP. Part II - Securing Your IP LinksIntellectual Property Identification The Business of Patents Home Page Intellectual Property Protection Intellectual Property Law Mike Ervin Contact Me
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