When Should You Start Thinking About IP During Product Development?

Legally reviewed by Thomas Lemler - founder of Lemler IP

When developing a product, you’re likely focused on perfecting your invention or creation, not necessarily protecting it. However, as a creator, it’s extremely important for you to start thinking about IP protection at every stage of product development. Continue reading and reach out to a seasoned Washington, D.C. intellectual property lawyer from Lemler IP to learn more about why it’s so important to consider protecting your valuable IP during product development and how an attorney can help. Here are some of the questions you may have:

Why should intellectual property be considered before a product is finished?

The answer is simple. Many important intellectual property decisions are easier to make before a product is publicly disclosed or sold. Early planning may help:

• Identify inventions that could qualify for patent protection.
• Choose a brand name that is available for trademark registration.
• Protect confidential information through trade secret strategies.
• Document ownership of ideas developed by employees or contractors.
• Avoid infringing on another company’s intellectual property rights.

Waiting until after a product launch can sometimes limit legal options. In certain situations, public disclosure may even affect your ability to pursue patent protection, particularly if international markets are part of your business plans.

What types of intellectual property might apply during product development?

Different products often involve multiple forms of intellectual property, and looking at your project from several angles can help ensure valuable assets are not overlooked. Depending on the product, you may want to consider:

• Patents for new inventions, processes, machines, or functional improvements.
• Trademarks for product names, logos, slogans, and other branding elements.
• Copyrights for original written materials, software code, artwork, manuals, videos, or marketing content.
• Trade secrets for confidential formulas, manufacturing methods, algorithms, customer information, or business processes that provide a competitive advantage.

How can an intellectual property lawyer help during product development?

Working with an intellectual property attorney before your product is released allows certain legal issues to be addressed while your business still has flexibility. An attorney may assist you with:

• Evaluating whether your invention may qualify for patent protection.
• Conducting trademark clearance searches before branding decisions are finalized.
• Preparing patent, trademark, or copyright applications.
• Filing a Provisional Patent Application to lock in a secure filing date while you continue to test and refine your product.
• Drafting confidentiality agreements for employees, vendors, investors, and contractors.
• Reviewing ownership agreements to confirm your business actually owns the intellectual property being created.
• Identifying potential infringement risks, often through a “Freedom to Operate” search, before significant investments are made in a product that may infringe upon an existing patent.

Ultimately, every product represents an investment of time, creativity, and financial resources, which is why protecting those investments should not be treated as an afterthought.

If you have additional questions about how you can best protect your intellectual property at every stage of the process, please don’t hesitate to reach out to Lemler IP today to schedule a complimentary initial consultation.