Protecting Trademarks, Patents and Service Marks

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Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

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.

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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.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

This article was written and reviewed by Rocket Lawyer editorial staff
This article was last reviewed or updated on Sep 24, 2022

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Protect Your Business and Brand with a Trademark