New York SBDC Research Network

By Carly Klein From Bplans For a lot of non-technical founders—that is, entrepreneurs with a business idea but without technical expertise—sourcing software development talent is critical. In many areas, however, the high demand for tech talent appears to be larger than the supply of qualified tech and software developers for hire. As a result, a lot of founders are turning to international outsourcing. While this may be an innovative solution to your immediate need for tech talent needs, the question of how to protect your intellectual property when outsourcing software development has probably crossed your mind. The last thing you want is to have simply handed your idea and your intellectual property over to a potential competitor. It’s a valid concern. The best thing you can do is create an IP protection strategy and document it in a business plan, so you’ve integrated it into your larger business strategy.

If you created something original, you may have a certain degree of protection against someone else using, claiming, modifying, or selling it. In other words, you may have intellectual property. Knowing how to legally protect your creations is essential to retaining ownership of them. In the simplest terms, intellectual property (IP) pertains to things you create with your mind; not the ideas themselves, but the expression of the ideas in some form. A thought or notion that’s been floating around your head may be a great idea for a future product or service, but it isn’t yet intellectual property. There are four common types of IP: Copyrights Patents Trademarks (including design rights) Trade secrets Read more from BPlans.com

What is intellectual property and how do you protect your ideas? This course gives an overview of intellectual properties and explains how to protect them. Learn why you should protect your intellectual property. Explore the differences between patents, trademarks and copyrights and discover the process for filing for a patent or trademark and registering for a copyright. Text-based version of course Intellectual property worsheet for a small business

Intellectual property (IP) is one of the most important components of any business, and yet it is often one of the most neglected. Amidst the furor of innovation and the pressure of day-to-day operations, IP can get lost in the shuffle. But neglecting your IP won’t resolve the issue; in fact, it puts your business at increasing risk every day. So why should entrepreneurs care about IP? IP - Copyright, Patent, and Trademark - is your most valuable asset. More from ASBDC .

Intellectual Property and 3D printing don't get talked about often, mainly because 3D printing is still growing into a mainstream activity. But with 3D printing starting to become more accessible to businesses and homes, what kind of Intellectual Property issues might develop that your business will need to protect or analyze? Any blueprint of a 3D design can be protected through copyright. And if your business is a creative one where people are creating original 3D files, this is going to be a necessary step as an interesting direction in creating new media works. However, many existing blueprints already exist for specific 3D objects. If your business happens to print one of those designs that you didn't create yourself, you could face copyright infringement if you plan to profit off the objects. More from the ASBDC .

This post is licensed CC-BY SA 3.0, and may be shared and reposted with attribution. Please include a link back to the original, which will contain the most up-to-date version . by Gabriel J. Michael Last year, the USPTO released a widely cited report entitled “Intellectual Property and the U.S. Economy: Industries in Focus.” This report emphasized the importance of IP to the U.S. economy, claiming “the entire U.S. economy relies on some form of IP,” and estimating that “IP-intensive industries” accounted for 40 million American jobs and 35% of the U.S. GDP in 2010. While many pro-IP groups hailed the report as demonstrating the importance of IP to the American economy, the report was widely panned by critics who pointed out that the definition of “IP-intensive industries” was so broad as to be meaningless. Indeed, according to the report, the number one IP-intensive industry by employment in the United States was… grocery stores. Although supporters of stricter IP regulation and...

In addition to the US Copyright Office and the US Patent and Trademark Office , check out: Intellectual Property Infringement and Other Unfair Acts . Section 337 investigations conducted by the U.S. International Trade Commission most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods A list of Who’s Who in the U.S. Gov’t involved in IP Copyright: Taking the Mystery Out of Copyright (for students and teachers) The Copyright Society of the USA The Stanford Copyright and Fair Use Center Copyright Term and the Public Domain in the United States [Chart] Crash Course in Copyright from the University of Texas Copyright Navigator by Lionel S. Sobel

Paul Rapp "is an intellectual-property lawyer with offices in Albany and Housatonic, Mass. He teaches art-and-entertainment law at Albany Law School, and regularly appears as part of the Copyright Forum on WAMC’s Vox Pop." He writes a regular column on intellectual property rights. His most recent column addresses the "Orphan Works” copyright and potential legislation regarding it. What is an orphan work? Paul cites Meredith L. Patterson's Radio Free Meredith where she uses this example about "your parent’s wedding pictures from 1955. You want to publish them? Guess what? The copyrights are probably owned by the photographer! Who was who? And is now where? You don’t know? Uh-oh." The proposed bill, H.R.5889, the Orphan Works Act of 2008 , seeks to provide "limitation[s] on remedies in cases involving orphan works." Rapp wrote just before the actual legislation was introduced, but still got it right. "The legislation will...seek to rectify...