One of the driving forces behind the U.S. economy, intellectual property or IP comprises ideas, designs, inventions, and creations. Intellectual property is profoundly important to the American enterprise and is enshrined in Article 1 of the Constitution.

How We Are Protected

So, how does the U.S. provide IP protection? The United States Patent and Trade Office (USPTO) issues and regulates patents and trademarks while the United States Copyright Office deals specifically with Copyrights. These three meta-categories of IP can be further broken down as follows:

• Patented items that are protected by the Patent Act (1952) include inventions for processing, machinery, manufactured items, and material that is new and useful.
• Trademarks, per the 1946 Trademark Act, cover words, symbols, names, or colors that distinguish services and goods in the marketplace.
• Finally, copyrights protect, per the 1952 Patent Act, original artistic and literary works, and their creators.

Trade Secrets

Besides these three main areas, the U.S. also provides for the protection of perhaps less regimented but equally important, trade secrets. Trade secrets represent IP in the form of tangible and intangible financial, scientific, business, technological, engineering, or economic information.

The proprietary Kentucky Fried Chicken recipe is a classic example of a Trade Secret. Trade secrets are mainly protected by state law, as registering them federally would open them to public scrutiny.

Intellectual Property Matters

IP-intensive industries contribute substantially to the economy and when an infringement happens, it hurts the ability of the U.S. to export products and support economic growth. To this end, IP protection is especially advantageous to the ICT (information and communications technology) industry. Areas, where IP protection is needed, include the following:

• Computers and peripherals
• Communications equipment
• Semiconductors and electronic components
• Proprietary manufacturing industries
• Chemical and Bio-chemical Productions

Consequently, an IP portfolio for a company stands to hold a high amount of value – a value that can soar to millions, if not billions of dollars, especially in the technology sectors. That is why it is essential that you take the steps needed to ensure IP protection. The following strategies will help you keep your IP safe.

Safeguard Trademarks by Registering Them with USPTO

Before you register a trademark, have your trademark cleared with a trademark lawyer. Make sure you choose a mark that is unique to your company and brand. The more "distinct" the trademark, the more "trademarkable" while the more descriptive or "generic" the trademark, the less likely it is that the trademark will be eligible for trademark protection.

Once you choose your company's trademark, you need to submit an application to the USPTO. While there is no exact time frame for how long it will ultimately take for one to obtain a full trademark registration, a fair estimate is anywhere between 6-10 months. If your application is refused, that can extend the time further. After the trademark application is filed, an examining attorney reviews the details. If no refusal or office action takes place, the application moves forward. During the 30-day publication period, any opposing parties can dispute the registration if they believe the trademark may lead to infringement or be adverse to their interests in the form of dilution and tarnishment.

If everything goes well and the trademark is published, the paperwork is returned to the examining attorney for one more check. The trademark owner must prove use of the mark before he or she can receive the registration certificate by submitting a specimen which illustrates the mark's use in commerce.

Protect Literary or Artistic Works by Filing for Registration with the Copyright Office

Creative works protected by copyright include photos, audio materials, written works, videos, codes, and other forms of artistic expression. While copyright will not protect the primary idea of a body of work, it will protect the concept of its creator. By registering a copyright, a creator can sue for damages in case of infringement, including copying work without permission.

Works protected by U.S. copyright are protected from the application date once the creator registers the work. A copyright allows the creator to protect his or her expression, both online and in a court of law. Needless to say, the increasing demand for virtual creations makes getting a copyright a necessity.

Perform Patent Searches and File Applications through the USPTO

When obtaining a patent for a product or concept, you need to decide which type of patent best suits your needs. Patents come in the form of utility patents, design patents, plant patents, and provisional patents. A design patent, as the names suggest, focuses on a product's aesthetic novelties rather than its functionality. If an applicant also wants to emphasize the utility or function of a product, he must apply for a utility patent. Most patent owners have utility patents, which cover manufacturing, machinery, processing, chemistry-based inventions, electronic-based inventions, etc..

While a design patent protects your product's appearance, the utility patent protects an invention's functionality. A utility patent may also be granted when a patented machine or process is upgraded.

Because a patent can only be granted for innovative and new concepts, your application can be refused if someone else has already patented your idea. Conducting a search prior to drafting and filing a full patent application can save the applicant a good deal of time and money if it turns out that the patent is not viable. Similarly, the search allows the applicant to hone his ideas and emphasize the features of your invention that are unique and perhaps require further tweaking. In sum, intellectual property is supremely important – if you are serious about your brand and the integrity of your company's proprietary assets, you must protect your IP.