Patent Protection

To the extent that your technology or product involves technological novelty, we recommend considering the filing of patent application(s) to protect its functional and technical aspects. Filing patent applications can help safeguard against others making, using, or selling your invention without permission and strengthen your overall IP protection strategy. Talk to us you would like to explore this option further. Patents can be filed for any novel and non-obvious invention, whether a device, method, or process, to prevent unauthorized use. While patents typically involve more time and cost compared to other forms of IP protection, they provide broader legal enforcement options and significantly enhance your product’s value, your company’s competitive edge, long-term market position and valuation.

Trade Secret Protection

Trade secrets are a type of unregistered IP where stiff penalties apply against a person who misappropriates and uses these secrets. Not all innovations should be protected in the same way. Some inventions are best safeguarded through patents, providing exclusivity in exchange for public disclosure, while other innovations may be better protected in whole or in part, by being maintained in secret, i.e., as trade secrets. There are several requirements for trade secret protection, a key requirement being that the trade secret is well defined. Properly protecting trade secrets requires careful planning and management. We believe that a well-drafted trade secret description similar in quality and scope to a patent application, can strengthen its legal standing. Additionally, anyone exposed to the trade secret should sign a dedicated agreement explicitly committing to confidentiality (having it written means they know what they are keeping secret). Such measures significantly enhance enforceability of the trade secret, both for deliberate and accidental leakage alike of the trade secret, such as by a former employee.

Trademark Protection

Trademarks are used to protect a brand’s unique identity. Filing trademark applications early can help prevent others from using a similar name, logo, or slogan that could cause confusion and dilute your brand’s value. Perhaps more important, if you plan on using a name, logo or slogan, you should conduct a trademark search beforehand, to prevent unpleasant surprises down the road, after you have spent a lot of money and other resources on tying your brand to a problematic trademark. Trademarks can be filed for any distinctive word (plain or stylized), symbol, or combination thereof to ensure exclusive rights to the mark in connection with specific goods or services. Trademark filings are generally more affordable and faster than patents and they provide strong legal protection for your brand, and, by extension, your product or service, helping you maintain a distinct market presence and contributing to long-term brand or product recognition and value.

IP management

IP is a valuable & strategic asset for your company. As such, IP should be tied into many company functions. However, IP is often neither managed nor used properly and valuable opportunities may be missed. We recommend that you have an IP management function to both increase the value of your IP and to make sure it is used advantageously. We are happy to advise on all aspects of creating, maintaining, obtaining and using IP.

Disclaimer: The information provided on this webpage does not constitute legal advice and is intended for general informational purposes only. Information on this webpage may not reflect the most up-to-date legal developments or other information. The webpage may contain links to other third-party websites for convenience purposes only. Ehrlich Group assumes no responsibility or liability for any errors or omissions in the content of this page.