The IP checklist every Startup should know!

New age Startups and techno-based firms rely on intellectual property more than any other business type in history, whether it's secured by copyright, trade secrets, trademarks, or patents. It's remarkable, though, how little entrepreneurs consider preserving their own intellectual property. Sure, "merchandise fit" is a completely absorbed search for the truth that tolerates no interruptions, but it is only an understanding, not an excuse.

The true professionals will identify product-market fit while documenting and safeguarding their intellectual property along the way – and besides, it's the only way to assure you own your creation.

This post will provide you an outline of where your IP is located, how to secure it, and how to avoid some of the mistakes that affect far too many companies.

The IP checklist no Startup should miss on:

Assigning IP

Founder pre-existing IP

Employee Confidential Information & Intellectual Property Assignment agreements

Independent Contractor/Consulting Services agreements

Protecting IP ownership

Licensed IP and modifications/improvements

Current or previous employers (see Cal. Labor Code §§ 2780-2782)

Strategic IP Portfolio

Patents

One-year statutory bar

Provisional patent application

International protection

Software patents under Alice v. CLS Bank

Offense and defense against patent trolls

Trade Secrets

Preserve confidentiality

Limit and control access

Trademarks

Check USPTO trademark database

Secure federal trademark registration for enforcement

Not merely descriptive

Copyright

Original work of authorship

Secure federal copyright registration for enforcement

Understand ‘Fair Use’