How to Protect Your Ideas during Startup

When you’re launching a new business, product, or service, you have to talk to a lot of people. You may need to secure financing from investors, work with an accountant to get the books set up, design a website, and develop a marketing strategy. You may also need to contact manufacturing partners, design engineers, and other vendors to assist with the launch. Each of these people will need to know about your new venture. They’ll need specifics before they climb on board, whether that involves learning about ideas, processes, product designs, and other trade secrets—the “secret sauce” that makes your business different from anything else on the market. This is your intellectual property—proprietary information that will make your company, product, or service unique. Before you share this information, make sure various protections are in place. Require everyone to sign a Nondisclosure Agreement (NDA). An NDA is a legal contract that states certain information and materials must be kept confidential. Not only does it protect your legal interests, but it conveys that you’re dedicated to protecting your company’s trade secrets. Consider filing for one of the three major forms of intellectual property.

A copyright gives the creator of original work the exclusive right to reproduce, sell, perform, and display that work or make derivative works based on the original. This applies to computer software, documentation, and other original work you might develop for your business, as well as literature, art, music, and movies. A copyright lasts for the creator’s entire life and an additional 70 years. A “corporate authorship” copyright for business lasts 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
A trademark is a name, word, phrase, symbol, or design—or a combination of any of these elements—that identifies a business, product, or service and distinguishes it from others. A trademark is often symbolic of a brand’s reputation and quality. It lasts for 10 years and can be renewed in perpetuity.
A patent is a federal government-granted property right that gives an inventor the exclusive right to produce or sell his or her invention (usually a process, machine or manufactured product). A patent can last up to 20 years depending upon the type of patent.

Just make sure your product or idea is ready to go before you file for any of these protections. For example, you wouldn’t file for a trademark when you’re still working with a designer on your logo and slogan. Keep your trade secrets on a need-to-know basis. Coca-Cola now keeps its secret formula in a special vault after holding it in a bank for nearly 90 years. Apple keeps the features of its new products strictly confidential (or at least attempts to) until those products are publicly launched. As tempting as it may be to whisper about your incredible new product or earth-shattering idea, this can put your intellectual property at risk, especially when you’re still in the startup phase. Before you move forward with the startup phase, develop a rough timetable for accomplishing each of these tasks, and contact Whitehouse & Cooper to help guide you through the process. Remember, your intellectual property is the lifeblood of your business. Make sure you protect it.

Daniel D. Whitehouse, Esq.

September 26, 2013

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