Common IP Myths

Don't believe everything you hear

Myths and misconceptions abound in the world of intellectual property protection. You have probably heard one or more of the myths listed below. Let us help you sort out what is fact and what is fiction.
1
We don’t have any IP
Myth
We don’t have any IP
Fact

You may have IP if you have…

  • Brands
  • Product designs
  • Product packaging
  • Manufacturing methods & processes
  • Websites
  • Social media
  • Other content
  • Product shapes & configurations
2
Our company is small, we don’t create IP
Myth
Our company is small, we don’t create IP
Fact

What matters is NOT the size of the company, but the work you do including the design, production, marketing, sales.

3
IP is too expensive
Myth
IP is too expensive
Fact

Many types of IP protection are NOT particularly expensive, but still offer the possibility of valuable protection.

4
IP isn't that important
Myth
IP isn't that important
Fact

Protecting your IP can help preserve your investments in technology, marketing, content, and brand development. Protection can come in the form of trademark/service mark registration, copyrights, trade dress, and design patents

5
We can wait to protect our IP until later
Myth
We can wait to protect our IP until later
Fact

IP protection is often granted based on priority (i.e., who filed first for protection). The US and most foreign countries are ‘first to file’ jurisdictions. Between two applications for protection of the same invention, the patent (if granted) is awarded to whoever filed first. It’s better to file earlier than later!

6
It takes too much time to protect my IP
Myth
It takes too much time to protect my IP
Fact

It’s generally faster, easier, and less expensive to avoid mistakes than to fix mistakes when it comes to IP. Making the initial time investment early to protect your IP can help you avoid mistakes that can take up your time and money later. Your IP attorney can help to minimize your time spent on legal matters so you can focus on your business.

7
It's easy to get around someone's IP
Myth
It's easy to get around someone's IP
Fact

Your IP rights can provide significant barriers to competitors if those rights are well-protected. This is where you IP attorney comes in by being aware, diligent, and willing to monitor your IP and your competition.

8
IP is not that complicated, I can do it myself
Myth
IP is not that complicated, I can do it myself
Fact

If you handle IP yourself, you run the risk of running into common pitfalls your IP attorney can help you avoid. It may be too late or too expensive to fix your mistakes. The wrong strategy can limit your scope of IP protection too.

Please contact Workman Nydegger directly to discuss representation during a complimentary one hour initial consultation.
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