Protecting Trademarks, Patents and Service Marks

Once an individual or entity realizes an idea and files a trademark, patent or service mark, it is up to that individual or entity to protect the item in question. The USPTO are not “patent police” and do not often proactively enforce infringement. A few suggestions to protect your patented item include:

• Keep records. You should keep dated records including drawings and models. Document all developments leading up to the invention.
• File a record-of-invention form. File this as soon as possible. Document changes to the design of the item in other records.
• Clearly established who or what entity contributed to and conceived the invention.
• If an employee is the inventor, determine whether the employee will have the IP rights or if the company will retain the rights. If the employee is going to retain the right or share in the rights of the invention, make sure the employee’s name is also on the application.

Also, make sure that there are no other inventions extremely similar to yours. Trademarks, patents and service marks can only be assigned to original work.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.