What Entrepreneurs Should Know About Intellectual Property

From innovative startups in Boulder to creative freelancers in Kansas City, intellectual property is one of the most valuable assets a business can have. Protecting your IP ensures that your hard work isn’t stolen or misused. In this guide, we’ll break down the four main types of intellectual property and what you need to know about each.

Copyright

Protects: Artistic works, literary works, music, software, and more.

Vesting: Automatically upon creation of an original work.

Registration: Not required, but registering with the Copyright Office strengthens enforcement.

Ownership: Belongs to the creator unless it’s a work made for hire or assigned in writing.

Rights: Control reproduction, distribution, derivative works, and public display/performance.

Term: Usually life of the author + 70 years.

Infringement: Unauthorized copying, reproduction, or distribution of a protected work.

Learn more about copyrights.

Trademark

Protects: Names, logos, slogans, product packaging, and more.

Vesting: Upon use in commerce, but protection is stronger with registration.

Registration: Not required, but USPTO registration provides nationwide rights.

Ownership: First to use in a specific geographic area (Boulder, Kansas City, or beyond).

Rights: Prevents others from using a confusingly similar mark for related goods/services.

Term: As long as used in commerce and renewed.

Infringement: Unauthorized use that creates consumer confusion.

Learn more about trademarks.

Trade Secrets

Protects: Confidential business information that gives a competitive edge.

Types: Formulas, methods, software, client lists, pricing strategies, and more.

Vesting: Protection begins when reasonable steps are taken to keep information confidential.

Registration: Trade secrets cannot be registered.

Term: Lasts as long as the information remains confidential.

Rights: Prevents unauthorized use, acquisition, or disclosure of confidential business information.

Misappropriation: Using or disclosing trade secrets without permission.

Learn more about trade secrets.

Patents

Protects: Inventions, machines, processes, and certain designs.

Types: Utility, Design, Plant patents.

Vesting: First-to-file system—patent protection goes to the first person to apply.

Registration: Must be useful, novel, and non-obvious to qualify for protection.

Term: Typically 20 years from the filing date.

Rights: Gives the owner the exclusive right to make, use, sell, or license the invention.

Infringement: Unauthorized manufacturing, selling, or use of a patented invention.

Learn more about patents.

Pro Tip

Intellectual property law can be complex, and mistakes in protecting your IP—or infringing on someone else’s—can be costly. Many businesses in Colorado, Kansas, and Missouri don’t realize they have an IP issue until it’s too late. Speaking to an intellectual property attorney early can help you avoid legal trouble and secure your business’s most valuable assets.

*This article is general in nature and is not legal advice.