Know Your Rights: Your IP and Business Law Playbook

Know Your Rights: Your IP and Business Law Playbook

by Julie King

Business Education

Season 2025

Time ISN’T On Your Side: Key Dates & Deadlines in Patent Law

In business and innovation, timing is everything—especially when it comes to patents. Unlike trademarks, where rights can last indefinitely if maintained properly, or copyrights, where they last for a very long time whether they’re registered or not, patents require registration, operate on a strict timeline, and last for a comparatively limited time. While the Rolling Stones said time is on their side, time ISN’T on your side with patents.If you miss a patent deadline, you could lose your exclusive rights forever. Let’s break down the key dates you need to know to protect your inventions.

Too Late for Trademarks? Key Dates & Deadlines in Trademark Law

Time matters for trademarks. Whether you’re launching a new brand or protecting an existing one, understanding the critical dates and deadlines in trademark law can mean the difference between securing your rights and losing them. Keeping track of trademark timing is essential for protecting your brand and staying ahead of the competition. Def Leppard said it’s too late for love, but let’s look at whether it’s too late for your trademarks.

Copyright Waits for No One: Key Dates & Deadlines in Copyright Law

Twice a year, we change our clocks for daylight savingtime—a reminder of just how much timing matters. The same is true in copyright law! As the Rolling Stones noted, “time waits for no one,” and neither does copyright law. Whether you're a business owner, content creator, or entrepreneur, understanding the key dates and deadlines in copyright law can help you protect your intellectual property and avoid costly mistakes.

Death and the Pending IP Application

When Your Idea Outlives You :If you die while waiting for a copyright, trademark, or patent application to be granted, what happens to the application and to your intellectual property?

Your Business Idea Feels Revolutionary. Is It? Does It Matter?

Your business idea feels revolutionary—but does uniqueness even matter? Not necessarily! While a completely new concept might be valuable, execution is key. A coffee shop isn’t new, but Starbucks' execution made it a billion-dollar company.

Is Your Invention or Idea Inventive Enough to Patent?

You have a groundbreaking invention—but how do you know if it’s truly innovative enough for a patent? Are you 100% certain no one anywhere in the world has had the same idea and made it public in any way? I’ve had clients think they were that certain, only to find out the hard way they were wrong. Why does it matter whether you’re the only one to have your amazing idea?

Are Your Trademarks Sufficiently Distinct?

“I Swear My Business Name is Original and Unique!” Is It Really?Your brand name, logo, or slogan feels completely unique to you. But is it legally distinct enough to avoid trademark infringement?What Counts as Infringement?Trademark infringement occurs when a mark is so similar to another for identical or similar goods or services that it creates "likelihood of confusion." This doesn’t mean identical—even similar-sounding or looking trademarks can be a problem if they exist in the same industry.

Is Your Work Original Enough for Copyright?

“I Swear My Work is Original and Unique!” Is It Really?When you create something new—a book, a song, a painting, a blog post—you naturally assume it’s original. But legally, how "original" does your work have to be to get copyright protection?How Original Does It Have to Be?Copyright law protects "original works of authorship," but that doesn’t mean your idea has to be groundbreaking. Courts have consistently ruled that originality means the work must be independently created and have at least a minimal level of creativity. That means no copying, but it doesn’t have to be completely unlike anything else.We’ve all heard of famous copyright cases involving art, but how does this issue come up most often in the business world?

What Happens to Your Intellectual Property When You Die?

You've built a business and secured intellectual property—patents, trademarks, copyrights—but what happens to those rights when you pass away? Today, we’re covering what business owners and inventors need to know about IP and estate planning.Intellectual property is considered an asset, just like real estate or stocks. That means it can be inherited, sold, or assigned based on your estate plan—or state law if no plan exists. Here’s how different types of IP are handled.

Business vs. Individual Ownership of Intellectual Property: Pros, Cons, and How to Transfer

When you create intellectual property subject to patent, trademark, or copyright law, you need to decide who should own it: you as an individual or your business. Today, we’ll break down the pros and cons of business ownership vs. individual ownership, and how you can properly transfer IP rights between the two.

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