Premier IP Protection, LLC
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Premier IP Protection, LLC
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   Copyright Law Basics
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Trademarks
   Trademark Law Basics
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Trade Secrets
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Process for Obtaining Intellectual Property Rights

The following steps outline the process for getting started with obtaining intellectual property rights. However, it is highly recommended that in intellectual property attorney be consulted at each step of the process. You are invited to use our services.

  • Decide on what you want to protect. Is it an invention (for example, a new machine or chemical formulation); a copyright (for example, a book, lecture, musical composition or magazine article); a trademark (for example, a name for a business, product, or service); or trade secret (for example, a confidential and secret process for making a product)?
  • Search the "prior art." Searching will discover if someone else has already conceived of your invention, or authored your article, or thought of the trademark you plan to use. Searching will also discover items that are obvious in view of or that are substantially similar to the invention, copyright or trademark you created. You may want to search your invention, even if you plan to keep your invention a trade secret. Commercially using your trade secret may infringe patents held by others.
  • Decide on whether or not your creation is protectible under patent, copyright or trademark law.
  • Decide on where you want to file patent, copyright or trademark applications. Such applications can be filed in the United States and/or foreign countries.
  • If your creation is protectible, then file an application for patent protection, copyright registration or trademark registration. Note that computer programs are protectible under both patent and copyright law.
  • The U.S. Patent and Trademark Office or the U.S. Copyright office will contact you regarding status of your patent, copyright or trademark application. Respond promptly to all correspondence received from the patent or copyright office.
  • After your patent, copyright or trademark application is approved, periodically pay fees to and periodically file papers with the patent or copyright office to maintain the patent active, or to maintain the copyright or trademark registration.
  • Monitor competitor activity to discover infringers of your issued patent, or registered copyright or trademark.
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