An Entrepreneur's Guide to Patents and IP Law | By Tori Lutz

Today’s post is written by Tori Lutz, an author at Bold Patents, a patent law firm with the mission to enable innovators to improve our world through rock-solid patent protection! Bold Patents’ clients are investors, entrepreneurs, and scientists who are pushing the limits, doing what has never been done before, and taking risks in the spirit of progress and positive change.


Increase Efficiency with These 5 Tips for Team Building (12).png

Being an entrepreneur is exciting, especially when you get to watch your ideas form and evolve into your own startup. That said, it’s also pretty stressful. There’s a great deal of risk involved and a lot of different things to stay on top of if you actually want to develop your business and turn a profit.

That stress may make you a little hesitant to take on more concerns and responsibilities, but if anything should be added to that list, it should absolutely be a grasp of intellectual property (IP) law and how to protect your original ideas.

To help you get started and form a good understanding, here is an entrepreneur’s guide to patents and IP law!

What is Intellectual Property?

Intellectual property has an extremely vast domain since there are so many different ways that original ideas can be incorporated and brought to market. It can be anything from the lyrics to an original song to your company’s logo or even the unique invention that you have been developing to sell.

Since original ideas take a great deal of creativity, talent and work to develop, they are worth noting and protecting. Intellectual property isn’t a physical, tangible piece of property, either, since ideas are abstract and the work that goes into them is what should be valued. This is why an entire term was created for this type of property so that creative, entrepreneurial individuals can still have rights to something that is their own, even if it isn’t as solid as other types of property. 

What is IP Law?

Quote.png

Since intellectual property is such a broad term, IP law is split into four main areas: copyrights to protect any form of art, trademarks to protect elements of branding (names, logos, slogans, etc.), patents to protect inventions and trade secrets to protect important, independently valuable knowledge (secret ingredients, vendor lists, etc.) that are critical to the success of your business.

Essentially, the importance of recognizing and protecting intellectual property is a core part of business and innovation. It’s hard to stay motivated as a fresh entrepreneur if you can’t even establish yourself and your invention before larger companies swoop in and produce it in higher quantities at a lower cost. 

IP law helps to protect creative individuals and inspire them to keep working on executing their ideas without the fear that someone else will simply steal it in the blink of an eye. Plus, it promotes a level of fairness in the marketplace by giving due credit and making sure everyone has the right to their original ideas.

The best part is that common law exists for copyrights, trademarks and trade secrets. This basically means that even without formal, official registration, you still have rights to your work as soon as you introduce it on a public platform (posting it online, recording it, etc.). Of course, official registration definitely has its benefits when it comes to actually taking action against infringement, so depending solely on common law isn’t the best idea!

That said, patents do not enjoy the benefits of common law. To enjoy the exclusive rights of a patent for an invention, you absolutely must officially file for and receive the patent. Otherwise, the concept of your invention will be considered “public domain” one year after you revealed it and you won’t be able to do anything about it. Even worse, someone else could end up patenting the invention first if you aren’t careful.

What is a Patent?

Any inventor should aspire to one day own a patent for their original idea. Not only does it grant them exclusive rights to their invention for up to 20 years, it is also a recognizable achievement that anyone should be proud of. Obtaining a patent is neither cheap nor easy, so it’s an accomplishment that entrepreneurs work their way towards. 

Quote (2).png

If they’re so expensive and tedious, why do so many entrepreneurs try to obtain them? The simple answer is that a temporary monopoly not only gives you all the rights to profit from that idea, but also helps you build up a reputation and compete before competitors can overwhelm you.

There are a variety of different patent types. Different inventions will each have their own elements and variables that need to be protected, so an important part of the process is knowing whether you want a design, utility or plant patent.

Of course, it’s important to look into a New York patent attorney before you begin because it’s absolutely vital that you file properly. Any mistakes could lead to anything from rejection of your application to loopholes that competitors will exploit when trying to adopt your idea and make their own version. Patent attorneys are one of the most expensive parts of the patent process, but their expertise is invaluable. Most do offer free consultations, though, so you can absolutely receive advice and meet with a few different options to get the best fit!

Why This Matters

As a smaller-scale entrepreneur or startup, you will always be at a disadvantage in the marketplace next to larger companies or corporations. While setting yourself up in a local co-working space or working out of your garage seems admirable, you need to recognize the disadvantages that come with it.

Massive companies that have been around for a long time will have influence, resources, experience and manpower that are impossible to keep up with at a startup level. If you introduce a brilliant idea to market, they will want in on it, and they’ll easily be able to offer prices, service and distribution that you cannot keep up with. To top it off, consumers will likely choose the recognizable brand, so their influence will push you out of the market as well.

That world would be incredibly frustrating and even hopeless for any entrepreneur, and it’s avoidable by simply seeking out proper protection. The law is absolutely on your side - all you need to do is take advantage of it by protecting your ideas and holding infringing parties accountable! 

Schedule Consultations with Local Patent Attorneys

Being the type of sharp, motivated individual to pursue entrepreneurship and the development of your own brand is amazing! You should absolutely be proud of that ability, even if you’re still in the developing stages. 

That said, you should never let the hustle distract you from the importance of protecting your original ideas through IP law. Schedule some consultations with local patent attorneys as soon as you’ve completed your idea and file for a patent as soon as possible (before bringing it to market). Keep the rest of your ideas covered through copyrights, trademarks and trade secrets as well and you’ll be good to go! 

--

Additional Resources: 

●      Best Co-Working Spaces in Brooklyn, NY

●      New York Entrepreneur & Inventor Resources

Why I Upgraded to a Full-Time Desk | By Zontee Hou

zontee_desk.jpg

Like you, I've loved being a part of the Brooklyn Creative League community since I joined. It's been a welcome change from working from home (where the pull of last night's dishes often distracted me from emails that needed answers), and since joining in 2014, it's been a place where I've made friends, found business partners, and connected with clients.

As a Flex member, I loved having access to the community, to meeting space for my clients, and to having a carrel desk to put my head down and work whenever I needed to.

But a few years ago, I made the jump from a Flex membership to a Full-Time desk membership to give myself a dedicated space for all of my documents and equipment (hello, second monitor!). Plus it gave me the luxury of being able to walk out of the doors at 540 President and leaving my work behind me for the night (or the weekend), instead of packing it up and taking it back to my kitchen table.

That's been one of the unexpected boons of having a dedicated office: my work life and home life both have more room to thrive.

desk.jpeg

Later, I made the jump from a 6-foot to an 8-foot desk, so that I could add a full-time team member, and we've added additional Flex memberships for the company since. That's been another advantage of BCL: we've been able to grow as we've changed. 

A special limited time offer for current members

This summer (through August 31), Brooklyn Creative League is making it easy to upgrade! BCL is waving BOTH the security deposit and annual membership fee (up to a $750 value) when you upgrade from a Flex membership to a Full-Time membership. Email or speak to Neil and Erin to learn more and get started on your membership upgrade. 

Take a look at available 6-foot desks for a space of your own! Or consider upgrading to an 8-foot desk, so you have more space for a colleague or even a spouse/partner! Several BCLers share their workspace with their partners, so both have dedicated office space. We at Media Volery have truly benefited from our dedicated space at BCL, and I know you will too.

Check Out Available Options

Take a look at some of the open desk spaces available on the first floor, below. Contact Neil and Erin to learn more about other available desks that’ll best suit your needs.

Grow your team with a 9ft desk

Grow your team with a 9ft desk

Enjoy a semi-private desk on 1

Enjoy a semi-private desk on 1

Plenty of natural light!

Plenty of natural light!

Brightly lit on the 1st floor

Brightly lit on the 1st floor

Member Profile: Aly Miller, Illustrator and Graphic Design Artist with a Penchant for Food

We spoke to Aly Miller to learn about her work with Certified Naturally Grown (CNG), a company that works out of BCL. And we learned more about Aly, the freelance artist, and the many ways she’s benefitted as an independent artist at a coworking space.