IP, Patents for Start-ups and Entrepreneurs (Part VIII): IP Protection Checklist

This checklist provides some of the basic steps every start-up must take to protect its intellectual assets.

Patent Protection

• Identification of inventions with potential for patent filings
• Patent Search and Patentability Analysis
• Inventor Assignment Agreement Execution – To transfer all rights to the start-up
• Provisional or complete patent filing
• Foreign Filing Permit, if required
• PCT, or foreign patent filing
• Patent pending notice on relevant materials

Trade Mark Protection

• Shortlisting of Marks
• Identification of relevant classes of business
• Trademark Clearance Search
• Trademark Filing for word, logo, and domain name, if relevant
• Agreement with designer to transfer all rights to the Start-up
• Trademark notices on all materials – visiting cards, brochures, website, etc.

Copyright Protection

• Shortlisting of important works
• Copyright application filing
• Copyright notices on all works
• Agreements to transfer IP Rights to start-up with website designer, brochure designer, interface designer, etc.

Trade Secret Protection

• Non-Disclosure Agreement Template
• Confidentiality notices on all materials – Proposals, Documents, etc.
• Secrecy measures to prevent loss of information

Industrial Design Protection

• Identification of aesthetic designs for articles
• Industrial Design Filing
• Incorporation of notices

Basic Agreements

• Employment Agreement with strong IP clauses
• Services Agreements with strong IP clauses
• Non Disclosure Agreement

For e-commerce Start-ups

• Well Drafted Terms and Conditions – Templates of other companies must be avoided
• Privacy Policy
• Take Down Policy and Process

Note: The checklist in this document/post provides only the basic IP protection steps to be taken by a start-up, or entrepreneur. This does not constitute advise, or opinion of any sort, and a start-up may acquire opinion of an expert before embarking on an IP protection strategy.