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April 7, 2023 12 mins

When is Your Inspiration Protected? Learn About the Laws Safeguarding Intellectual Property Rights

Post Office Patent Myth: I have heard of inventors who say they have protected their invention by writing it down and mailing a copy to themselves to prove they were the first inventor. It is no longer relevant who was the first inventor because in 2013 the US joined most other countries and changed from a first-to-invent system to a first-to-file system. Even under the old system you never had patent rights unless you filed a patent application. Now you must be the first person to file an application for the invention to get the patent. 

Know what actions can prevent you from getting intellectual property rights so you take the right steps in the right order to maximize the value of your intellectual property.

Keep your inventions secret, and do not offer the invention for sale before you file a patent application. File for a trademark application as soon as possible, even before you start using the trademark. File a copyright application on creative works that make money for your business. Trade secrets must be protected by contracts and security, and only shared on a need-to-know basis.

For any inventions review the first publication date or on-sale date, whether in the past or the future. Conduct research on your current brand to find out if others are using it or have gained rights that limit your rights. Plan ahead with future brands and get protection in advance. File for copyright registration within 90 days of publication of valuable creative works. Remind your employees and contractors that they must keep your trade secrets confidential.

Take 5 minutes to write down what intellectual property in your business needs protection to achieve your goals.  

BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.

TAGS: intellectual property, patents, trademarks, copyright, trade secrets, protection, invention, first-to-file, first-to-invent, confidentiality, publication, trademark application, copyright registration, trade secret protection, Wayne Carroll, Inspired Idea Solutions, strategy session, safeguarding intellectual property rights

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