How Do I Protect My New Product Innovation?
Deciding between trade secret and patent legal protections
By contributing intellectual property attorney Adrienne Naumann | Reviewed by Canaan Suitt, J.D. | Last updated on November 2, 2023Use these links to jump to different sections:
- When Trade Secret Protection May Be Your Best Option
- When Patent Protection Is Your Best Option
- Find an Experienced Intellectual Property Lawyer
The first step [to protecting your innovation] depends upon the nature of the product and the assumption that this innovation will be protected by U.S. intellectual property law.
When Trade Secret Protection May Be Your Best Option
If the product is not easily reverse-engineered or independently developed, then trade-secret protection may be most cost-effective. However, trade-secret status depends, in part, upon the inventor’s efforts to preserve confidentiality.
At a minimum, development and product feature information should remain encrypted on a stand-alone computer or disk and not attached to a computer network or internet.
Minimal staff should have access to the information, and access should be conditioned upon “need to know.” All employees, as well as independent contractors and vendors, should sign confidentiality agreements. Physical entry to the development premises should be exclusively via an authorized key card.
When Patent Protection Is Your Best Option
If the product is easily reverse-engineered, independently developed, and/or includes accessible/visible innovative features, then a utility and/or design patent should immediately be filed in the U.S. Patent and Trademark Office.
If possible, the applicant should request that the patent office refrain from publishing the application on its official website. In particular, for innovative software or related subject matter, at least one copyright protection registration application should be submitted to the U.S. Copyright Office and, thereafter, immediately followed by submission of a U.S. utility patent and/or design application.
Find an Experienced Intellectual Property Lawyer
All IP protections should be in place prior to the development—even if there is a prior decision to patent—and this includes contacting a patent attorney for legal advice. If you’d like more general information about intellectual property protection, see our overview of patent law and intellectual property rights.
Adrienne B. Naumann is an attorney at the Law Office of Adrienne B. Naumann in Skokie, Illinois.
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