Intellectual Property Protection for New Product Inventions

Written by JGPC Business Law on January 7, 2017. Updated July 2026.

New products often represent a significant investment of time, creativity, and financial resources. This article explains the primary forms of intellectual property protection available to businesses and why obtaining the appropriate legal protections early can help prevent competitors from copying or exploiting valuable innovations. 

Key Takeaways

• Different forms of intellectual property protect different types of business assets.
• Patents, trademarks, and copyrights each serve distinct legal purposes.
• Choosing the wrong type of protection may leave valuable innovations vulnerable.
• Early intellectual property planning can help prevent costly disputes and infringement issues.
• Businesses should evaluate intellectual property protection before publicly introducing new products.
• An experienced intellectual property attorney can help develop a comprehensive protection strategy.

Without the right intellectual property protections, your new product ideas and inventions are just as likely to benefit another business as your own. This is because copyrights, patents, trademarks, and other similar intellectual property protections afford you and the individuals or entities you choose with certain rights to use and reproduce the invention. Intellectual property law is exceedingly complex; therefore, obtaining the proper protection for your invention or creation is best accomplished with the experienced guidance of a California intellectual property lawyer.

Different Types of Intellectual Property Protection

Obtaining intellectual property protection for your invention or creation is not sufficient if the protection obtained is the wrong type of protection given the nature of your invention. In fact, having the wrong protection in place is like having no protection at all. Consider the benefits and applicability of the following:

• Copyrights are used to protect creative ideas and expressions that are reduced to a physical or tangible medium. A new software company that creates a program and expresses that program in a written code can seek and obtain copyright protection for this written code (the idea of the program, however, cannot be copyrighted). 
• Trademarks protect any symbol, graphic, slogan, design, or other image that a business uses to distinguish itself and its products or services from the products or services of another company. The “Coca-Cola” logo is an example of a trademark, as is Apple, Inc.’s image of an apple with a “bite” out of the right side.
• Patents protect new or improved processes, machines, chemical compositions or product design. A patent gives the patent owner the exclusive right to exclude others from developing, using, selling, or importing the protected invention or creation, usually for a period of 20 years.

What Happens if You Obtain the Wrong Intellectual Property Protection?

Failing to obtain the right form(s) of intellectual property protection – or failing to obtain any protection at all – leaves your creations and inventions open to infringement and copying. For example, failing to obtain a patent for your new idea or invention means that a competitor can take your idea or design and develop it, improve upon it, and/or sell it. In certain extreme circumstances, your competitor may be able to obtain a patent for your idea – and then move to stop you from further developing or marketing your idea.

Because of the importance and complexity of intellectual property protections and the law that governs them, California businesses of all sizes can benefit from the assistance, advice, and advocacy of JGPC Law’s team of knowledgeable and skilled intellectual property attorneys. Consult with us early, and we can help determine what intellectual property protections your invention or idea need and then help you complete the process for obtaining those protections.

Our firm assists entrepreneurs and inventors throughout California, including in the cities and towns of Fremont, Danville, Walnut Creek, Berkeley, Hayward, Dublin, Pleasanton, Oakland, Concord, and San Leandro. Call (925) 463-9600, or contact us online, and let us assist you in protecting your business’s most valuable assets.

Frequently Asked Questions

What types of intellectual property protection are available for new products?

Depending on the product, protection may include patents, trademarks, copyrights, trade secrets, or a combination of these legal tools.

How do patents, trademarks, and copyrights differ?

Patents protect qualifying inventions and technological innovations, trademarks protect brands and product identifiers, and copyrights protect original creative works that are fixed in a tangible medium.

Can one product have multiple forms of intellectual property protection?

Yes. For example, a product may be protected by a patent, its brand name and logo by trademarks, its user manual by copyright, and certain manufacturing processes as trade secrets.

When should I begin protecting a new invention?

Businesses should consider intellectual property protection as early as possible, ideally before publicly disclosing, marketing, or selling a new product.

Can competitors legally copy my invention if I do not protect it?

Depending on the circumstances, failing to obtain appropriate intellectual property protection may allow competitors to develop similar products or capitalize on innovations that are not legally protected.

How can an intellectual property attorney help?

An intellectual property attorney can evaluate your invention, identify appropriate forms of protection, prepare applications, develop an intellectual property strategy, and help enforce your rights if infringement occurs.