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In today’s innovation-driven economy, intellectual property (IP) is often one of a business’s most valuable assets. From your brand name and logo, to any software that you’ve developed, to proprietary processes and confidential information, your IP deserves the same level of protection as your physical and financial respurces.
The IP of your business can be quite valuable. Understanding the basics of intellectual property law is crucial for protecting your business’s IP rights. After all, one source estimated the total cost of intellectual property theft in the United States at up to $600 billion. IP theft refers to the unauthorized use or misappropriation of someone else’s intellectual property, which can lead to financial losses and damage to your business’s reputation. Losses include everything from stolen trade secrets and pirated software to unauthorized use of trademarks and copyrighted materials.
Unfortunately, many business owners—especially those launching startups or running small enterprises—overlook IP protections until they face a serious problem. If you operate a business in Ohio, understanding the fundamentals of IP law is essential to protecting your innovations, maintaining a competitive advantage, and avoiding preventable legal disputes. In this post, we introduce the four major types of intellectual property and explain how an experienced Ohio business attorney can help safeguard your rights.
Intellectual property refers to intangible assets created by human intellect—such as inventions, works of art, brand elements, and proprietary information. These assets can be legally protected, giving the creator or owner exclusive rights to use, license, or sell them. Intellectual property rights, then, are legal rights that grant creators control over their inventions or creations for a certain period. These rights grant creators exclusive rights to their work, preventing others from using, copying, or profiting from their intellectual property without authorization.
In the U.S., IP protections arise from both federal law and Ohio state law, depending on the type of property involved. The four primary types of intellectual property are:
Copyright law protects original works of authorship that are fixed in a tangible medium. These include:
Copyright law gives creators the exclusive right to reproduce, distribute, and display their work. Under federal law (Title 17 of the U.S. Code), copyright protection attaches automatically upon creation, but registering with the United States Copyright Office provides additional enforcement benefits—such as eligibility for statutory damages and attorneys’ fees in infringement actions—in case of infringement.
Trademarks protect names, logos, and symbols that distinguish your goods or services from those of others in the marketplace. Common trademarked elements include:
Ohio recognizes common law trademark rights based on use in commerce, but federal registration with the United States Patent and Trademark Office (USPTO) offers broader legal protection, nationwide enforcement, and public notice of your claim to ownership. When applying for trademark registration with the USPTO, it is important to seek legal advice to navigate potential conflicts and infringement issues. Trademark registration protects against infringement and allows you to enforce your rights in federal court if necessary. A registered trademark can become one of your company’s most valuable intangible assets.
Patents protect inventions and grant their inventors the exclusive right to make, use, sell, or license the invention for a limited time. Types of patentable inventions include:
Patents are issued by the USPTO, and are governed by federal law (Title 35 of the U.S. Code). Obtaining a patent involves a rigorous, highly technical process that requires the technical expertise and legal knowledge of a registered patent practitioner. Patent approval grants the patent owner the exclusive right to protect their invention during the term of the patent, including preventing others from making, using, or selling it, as well as the ability enforce their rights in case of misuse or infringement.
Trade secrets are confidential business information or know-how that:
Trade secrets give a business a competitive advantage. Examples include client lists, manufacturing techniques, formulas, business plans, or pricing strategies.
Unlike copyrights or patents, trade secrets are not registered—they’re protected by contract law and statutes like the Ohio Uniform Trade Secrets Act (OUTSA). Protecting trade secrets involves implementing security measures and confidentiality agreements to prevent unauthorized access, use, or disclosure.
Protecting intellectual property requires more than filling out government forms—it involves strategic planning, consistent enforcement, and sound contract drafting. An Ohio business attorney who is experienced in handling IP matters can support your IP protection efforts in several key ways.
Ohio recognizes and enforces all major forms of intellectual property but includes state-specific considerations, such as:
Because Ohio’s economy includes significant technology, manufacturing, and healthcare sectors, protecting digital assets and proprietary systems has become a key concern for many businesses.
At Rhodium Law, we help Ohio entrepreneurs and businesses protect their ideas, enforce their rights, and structure their IP assets for growth. Whether you’re launching a new venture, developing proprietary software, or preparing for an acquisition, we can help create a tailored strategy to secure and defend your intellectual property.
Protecting your intellectual property is crucial to maintaining a competitive advantage in Ohio’s competitive business landscape. Let us be your guiding light in this complex journey. Protect your hard work and creativity before someone else profits from it. To book a complimentary initial consultation, contact us today.
