What Types of Intellectual Property (IP) Exist?
Intellectual property refers to intangible assets that are the result of creativity, innovation, or business investment. The law recognizes several categories of IP, each designed to protect different types of creations.
Patents
Patents protect new inventions, processes, and designs that offer a novel solution to a problem. A patent gives you the exclusive right to make, use, or sell the invention for a certain period, usually 20 years for utility patents and 15 years for design patents.
To qualify, an invention must be:
- Novel: Something that has not been disclosed publicly before.
- Useful: It must have a clear function or purpose.
- Non-obvious: It can’t be a minor tweak to something already known.
Patents are powerful tools for businesses that invest heavily in research and development, especially in fields like manufacturing, biotechnology, and technology. However, applying for a patent can be complex and time-sensitive, which is why working with a knowledgeable attorney is important.
Trademarks
Trademarks protect the words, phrases, symbols, and designs that identify your brand. Your company’s name, logo, or even a slogan can be trademarked to prevent others from using confusingly similar marks in commerce.
A strong trademark:
- Distinguishes your goods or services from competitors.
- Builds brand recognition and customer loyalty.
- Can become one of your company’s most valuable assets.
Once registered, a trademark can last indefinitely as long as it’s actively used and properly maintained.
Copyrights
Copyrights protect original works of authorship, including written content, music, software code, photos, videos, and artwork. They arise automatically upon creation, but registration with the U.S. Copyright Office strengthens your rights and allows you to seek statutory damages in court.
Copyright protection gives creators the exclusive right to reproduce, distribute, display, or perform their work, and to create derivative works. For businesses, copyrights are especially relevant when producing marketing materials, websites, or digital content.
Trade Secrets
Trade secrets are confidential business information that provides a competitive advantage, like a formula, method, customer list, or algorithm. Unlike patents, trade secrets aren’t registered with the government. Their protection depends on your ability to keep them secret.
Examples include:
- A proprietary manufacturing process.
- A customer database developed over years.
- A unique recipe or algorithm.
If a trade secret is disclosed or stolen, the protection is lost. That’s why internal policies, confidentiality agreements, and access controls are so important.
Industrial Designs
Industrial designs refer to the visual or aesthetic aspects of a product—its shape, configuration, pattern, or color—that make it distinctive and appealing. These features don’t protect how something works, only how it looks.
In many countries, industrial designs are protected through a separate registration system. In the United States, however, design patents typically serve this role by protecting a product’s ornamental design. Businesses may also use trademark or trade dress laws to protect distinctive product appearances that identify the source of their goods.
Geographical Indications
Geographical indications (GIs) identify goods as originating from a specific place, where a particular quality, reputation, or characteristic is tied to that location. Examples include “Idaho potatoes” or “Florida oranges.” While more common in agricultural products, GIs can also protect certain types of manufactured goods that are linked to regional craftsmanship.
Why Is Protecting Intellectual Property Important for Businesses?
Protecting your IP isn’t just about preventing theft; it’s about preserving value and ensuring that your hard work continues to benefit your company.
Strong IP protection helps you:
- Maintain your competitive advantage: Exclusive rights prevent competitors from copying or profiting from your ideas.
- Increase business value: Registered IP can raise your company’s valuation and attract investors or buyers.
- Generate revenue: Licensing and franchising your IP can create new income streams.
- Reduce legal risks: Having registered rights simplifies enforcement if infringement occurs.
- Build brand trust: Customers are more likely to support a business with consistent, recognizable branding.
Without proper IP protection, your innovations could become free for others to use, undermining your market position and profitability.
What Role Does Confidentiality Play in Protecting IP?
Confidentiality is one of the first lines of defense in protecting your business’s intellectual property. Even before registration or public release, sensitive information must be carefully controlled.
Trust and Confidentiality
Trust is key when sharing business information. Whether you’re discussing ideas with partners, investors, or employees, confidentiality fosters collaboration while preventing misuse.
Legal Obligation
Confidentiality agreements create a binding legal obligation to protect sensitive information. Breaching these agreements can result in damages or injunctive relief in court.
Insider Threat Protection
Employees and contractors often have access to valuable trade secrets. By limiting who can access certain data and tracking disclosures, you reduce the risk of insider misuse.
Trade Secret Protection
The Uniform Trade Secrets Act (UTSA), adopted by Pennsylvania, only protects information that’s subject to reasonable secrecy measures. Failing to implement those measures, like password protection or nondisclosure agreements, could make it difficult to claim trade secret status later.
Fair & Open Negotiations
Confidentiality also protects both parties in negotiations, ensuring that shared data isn’t used outside the agreed context.
Protection for IP-Adjacent Data
Even information not covered by patents or copyrights, like customer analytics or pricing models, can be valuable. Protecting it through internal policies helps maintain your competitive edge.
Creates and Maintains Business Value
By embedding confidentiality in company culture, you preserve the exclusivity that makes your intellectual property valuable in the first place.
How to Protect Your Intellectual Property
Protecting your IP requires more than filing paperwork. It involves creating a strategic plan that identifies, monitors, and enforces your rights.
Define Your Business's Intellectual Property Risk
Start by identifying the types of intellectual property you own and the risks each faces. Ask questions like:
- What are our most valuable assets?
- Who has access to them?
- What could happen if they were stolen or copied?
Conducting an IP audit helps you prioritize which assets need the strongest protection.
Engage Professionals to File for Intellectual Property Protections
Filing patents, trademarks, or copyrights correctly is critical. A small error can lead to rejection or limited protection. An attorney can help you determine the right type of protection and ensure all filings meet legal standards.
Establish a Process to Monitor for IP Infringements
Protecting your rights doesn’t end once they’re registered. Businesses should monitor for unauthorized use online and in the marketplace. This may include:
- Setting Google Alerts for your brand name.
- Tracking counterfeit listings on e-commerce platforms.
- Watching for similar domain registrations.
Consider IP Licensing and Contracting Opportunities
Licensing your intellectual property allows others to use it under defined terms, generating income while maintaining ownership. Contracts should clearly outline usage rights, royalties, duration, and territorial limits to prevent misuse.
Use Nondisclosure Agreements
Before sharing sensitive information with third parties, always use nondisclosure agreements (NDAs). NDAs define what information is confidential, how it may be used, and the penalties for unauthorized disclosure.
Educate Employees on Intellectual Property Best Practices
Your employees are your first defense against IP theft, but only if they understand how to handle protected information. Regular training on confidentiality, data handling, and reporting suspicious activity helps reduce risks.
The Best Practices for Securing Digital IP
In today’s digital environment, intellectual property is often stored, transferred, and created online. Cybersecurity is, therefore, an essential component of IP protection.
Here are key digital safeguards:
- Implement access controls: Restrict sensitive data to authorized users only.
- Encrypt communications: Protect emails and file transfers with encryption.
- Regularly back up data: Maintain secure backups to recover lost or stolen files.
- Monitor for cyber threats: Use intrusion detection systems and maintain updated firewalls.
- Update software and security policies: Outdated systems are common attack points.
For businesses relying on cloud services or remote collaboration tools, review each vendor’s data protection policies before sharing proprietary content.
How Can Businesses Prevent IP Theft From Employees or Partners?
While most employees act in good faith, some of the most significant IP breaches occur internally. Preventing this requires proactive planning.
- Use strong employment agreements: Clearly state that all inventions or creations made on company time belong to the employer.
- Conduct exit interviews: Remind departing employees of ongoing confidentiality obligations.
- Restrict access: Employees should only have access to information necessary for their roles.
- Track document sharing: Use digital tools to audit who downloads or shares proprietary data.
- Build a culture of respect for IP: Encourage reporting of potential violations and reward responsible behavior.
When dealing with contractors, joint ventures, or overseas partners, include specific IP clauses in contracts to define ownership and enforcement rights.
How Can Businesses Enforce Their IP Rights?
Even with strong protections in place, infringement can still occur. Enforcement begins with identifying violations early and taking prompt action.
Typical enforcement steps include:
- Cease and desist letters: A formal notice demanding that the infringer stop using your IP immediately.
- Negotiation and settlement: Many disputes are resolved without litigation.
- Filing an infringement lawsuit: If necessary, you can seek damages or injunctions to stop further misuse.
- Working with customs or law enforcement: For counterfeiting cases, government agencies can seize infringing goods.
Federal courts generally handle cases involving patents, copyrights, and trademarks, since these are governed by federal law. Trade secret disputes and contract-related IP issues, on the other hand, are often handled in state courts, unless they involve parties from different states or other federal questions.
Maintaining a record of your IP rights, including registration certificates, NDAs, and usage logs, strengthens your case in any dispute.
How Long Does IP Protection Last?
The duration of intellectual property protection varies depending on the type of right:
| Type of IP | Duration |
| Utility Patent | 20 years from filing date |
| Design Patent | 15 years from issue date |
| Trademark | Indefinite, as long as renewed and used |
| Copyright | Life of the author + 70 years (or 95 years for corporate works) |
| Trade Secret | Indefinite, as long as it remains confidential |
Because expiration rules differ, businesses should keep a calendar of renewal deadlines to avoid lapses in protection.
Do You Need an Attorney for IP Protection?
Technically, some forms of IP can be filed without legal help. However, the process can be complicated, especially for patents or international protections.
An attorney helps you:
- Determine which protections apply to your assets.
- Draft strong contracts that secure ownership.
- Respond effectively to infringement or misuse.
- Develop a long-term IP strategy aligned with your business goals.
Working with experienced business attorneys ensures your rights are fully secured and enforceable, saving you time and costly mistakes later.
Contact Our Business Attorneys for IP Guidance Today
Protecting your business’s intellectual property requires a consistent legal strategy and proactive management. At Jones, Gregg, Creehan & Gerace, we help Pittsburgh businesses safeguard their trademarks, copyrights, patents, and trade secrets so they can grow with confidence.
If you’re ready to strengthen your IP protections or suspect infringement, contact our office today to schedule a consultation. We’ll help you protect what you’ve built and ensure your innovations remain your own.
