What Every Startup Should Know About Intellectual Property Law
Starting a new business is an exciting venture filled with limitless potential. As you build your company from the ground up, you're not just creating a product or service; you're creating a brand, an identity, and valuable assets. For startups, understanding intellectual property (IP) is a foundational step. Seeking legal guidance helps safeguard your most valuable assets, allowing you to build your business with confidence.
At Boswell Law Offices, PLLC, we’ve seen firsthand how a small idea can blossom into a thriving enterprise. That is why protecting your creative and intellectual work from the very beginning is so important. Our attorney has dedicated over two decades to providing client-focused legal support in Auburn, Washington, and across Tacoma, Kent, and throughout Southern King County and Pierce County.
What Is Intellectual Property?
Intellectual property refers to creations of the mind—inventions, literary and artistic works, designs, symbols, names, and images used in commerce. For a startup, your IP is often your most valuable asset. It is what makes your business unique and gives you a competitive edge. Think of it as the collection of ideas and creations that define your brand and offerings. Protecting these assets prevents others from copying or profiting from your hard work.
There are four primary types of intellectual property that every founder should understand. Each one protects a different kind of asset and provides a distinct set of rights.
Patents
A patent grants an inventor the exclusive right to make, use, and sell an invention for a set period. In the United States, a utility patent typically lasts for 20 years from the filing date. Patents are ideal for new and useful processes, machines, articles of manufacture, or compositions of matter. If your startup has developed a new piece of technology, a groundbreaking software algorithm, or a unique physical product, a patent might be the appropriate form of protection.
There are two main types of patents to consider:
Utility patents: These protect the functional aspects of an invention. This is the most common type of patent and what people usually mean when they talk about getting something patented.
Design patents: These protect the ornamental design or appearance of an item. If your product’s unique look is a key part of its appeal, a design patent can prevent competitors from selling something that looks confusingly similar.
The patent application process requires a thorough description of your invention. It is a good idea to work with a legal professional to prepare and file your application to give it the best chance of success.
Trademarks
A trademark protects the words, names, symbols, sounds, or colors that distinguish your goods and services from those of others. Think of the Nike "swoosh" or the distinctive name "Coca-Cola." These are powerful trademarks that are instantly recognizable. For your startup, a trademark protects your brand name, logo, and slogan. It prevents other companies from using a similar mark that could confuse consumers.
Registering your trademark with the U.S. Patent and Trademark Office (USPTO) provides nationwide protection and a public record of your ownership. This makes it much easier to enforce your rights if someone tries to infringe on your brand identity. Before investing heavily in marketing and branding, we recommend conducting a thorough trademark search to make sure your chosen name or logo isn't already in use.
Copyrights
Copyright protects original works of authorship that are fixed in a tangible form. This includes literary works, music, artistic creations, software code, and architectural designs. For a startup, copyright can protect your website content, marketing materials, blog posts, software source code, and product manuals.
Copyright protection is automatic from the moment the work is created and fixed in a tangible medium. However, registering your copyright with the U.S. Copyright Office provides significant advantages. Registration is necessary if you ever need to file a lawsuit for copyright infringement, and it can entitle you to statutory damages and attorney's fees if you win your case.
Trade Secrets
A trade secret is any confidential business information that provides a company with a competitive edge. This can include formulas, practices, processes, designs, or compilations of information. The formula for Coca-Cola is one of the most famous trade secrets in history. For a startup, a trade secret could be a customer list, a marketing strategy, or a special manufacturing process.
Unlike patents, trade secrets are not registered with a government office. Protection lasts as long as the information remains confidential. To protect your trade secrets, you must take reasonable steps to keep them secret. This often involves using non-disclosure agreements (NDAs) with employees, contractors, and business partners. It also means implementing security measures to protect sensitive data.
Intellectual Property Laws in Washington
While most IP law is federal, Washington state has specific statutes that add another layer of protection for businesses operating here. The Washington Uniform Trade Secrets Act (UTSA) allows companies to take legal action against the misappropriation, or theft, of trade secrets. If someone acquires your trade secret through improper means (like theft or bribery) or discloses it in breach of a confidentiality agreement, you can sue for damages and seek an injunction to stop them.
Additionally, Washington's trademark laws allow you to register your mark at the state level with the Secretary of State. While federal registration offers broader protection, state registration can be a faster and more affordable option for businesses that operate exclusively within Washington. It establishes your rights within the state and can be a helpful tool in disputes with local competitors.
Why IP Strategy Matters From Day One
For many startups, IP is not an afterthought but the core of the business. Delaying your IP strategy can lead to lost rights, expensive legal battles, or even the failure of your company.
Consider a scenario where you launch a product without first conducting a trademark search. If another company is already using a similar name, you could be forced to rebrand everything—your website, your marketing materials, your product packaging. This is a costly and distracting process that can be avoided with proactive planning.
Similarly, if you discuss a new invention with potential investors or partners without an NDA in place, you risk losing your ability to claim it as a trade secret or even to patent it. Establishing clear IP protocols from the beginning sets a strong foundation for growth and makes your company more attractive to investors, who want to see that your valuable assets are secure.
Intellectual Property Law Attorney Serving Auburn, Washington
At Boswell Law Offices, PLLC, we provide comprehensive intellectual property law services to startups in Auburn, Washington, Tacoma, Kent, and throughout Southern King County and Pierce County. With extensive experience in protecting patents, trademarks, copyrights, and trade secrets, our attorney works diligently to safeguard your innovative ideas and creations. Whether you need assistance drafting contracts, handling IP disputes, or applying for protections, we're committed to offering personalized guidance tailored to your needs. Call today to schedule a consultation.