How Can I Develop a Protection Strategy for My Intellectual Property?

Preparing the Strategy

The first step in developing your strategy is to answer the following preparatory questions.

Question 1: Is the idea truly novel? 

One of the most crucial points is research. A comprehensive search in the protection registers will give you the assurance that your idea, or one nearly identical to it, has not already been registered and marketed. Neglecting this step can cost you a lawsuit, a lot of money, time, and nerves.

Keeping your idea confidential should always be your top priority. Once exposed to the public, it is no longer considered new. Third parties could exploit your idea faster than you'd like.

Question 2: What exactly needs to be protected? 

Before you can devise a concrete strategy, you must decide what you want to protect. Where exactly does your product's unique selling proposition lie? Should the protection cover the entire product, only a specific mechanism or component thereof, or is it about the product design? This question is often trickier than initially assumed.

When in doubt, it's generally better to protect more rather than less. Any part or mechanism you fail to register can be used freely by third parties—consider this. On the other hand, intellectual property rights are not cheap. Therefore, carefully consider the extent of protection you truly need in advance.

Question 3: What type of protection do I need?

There are the following types of intellectual property rights. Familiarize yourself with them and decide on one or possibly several.

Trademark protection

This is the right choice if you want to protect names, logos, or a jingle, for example. With trademark protection, no other market participant may use the same or a similar mark in any form of commercial activity.

Design protection

Here, the focus is on the design idea. You can exclude third parties from using your design or one that is confusingly similar for commercial purposes.

Patent protection

Applying for a patent is advisable when you want to protect a completely new invention, process, or mechanism that did not exist previously. This also includes new and improved processes. This prevents third parties from profiting from your creative idea without your consent.

Protection of geographical origin

Under strict conditions, it is possible to protect indications of origin or geographical marks for products or to register a geographical mark. The criteria your product must meet for this will be answered by the IPI website.

Copyright

Whether you've written a book or composed a song, if your idea originates from the artistic realm, it is automatically protected by copyright.

Question 4: Where should my idea be protected? 

According to the territorial principle, your intellectual property is only protected in the countries for which you submit an application. If you register your idea with the Swiss Federal Institute of Intellectual Property (IPI), protection only applies to Switzerland and Liechtenstein. Through the registration process of the Madrid System, protection can be extended to the participating member states. If you want to protect your intellectual property throughout Europe, consult the European Union Intellectual Property Office (EUIPO). Also, consider future foreign markets and production facilities you have in mind.

Legal Aspects: The Path is the Goal 

Once the desired scope of protection is clear in detail, the next step is the substantive part of your protection strategy.

Research Activities

Legal activities initially include the aforementioned research to ensure you are not infringing on the rights of others. A fee-based, assisted patent search can be commissioned through the IPI or a specialized attorney. Additionally, you can conduct an initial self-search. For Switzerland, the Swissreg database is the first choice, while Espacenet, Patentscope, Patent Lens, or DEPATISnet are suitable for international searches.

Application

Next is the application for registration in the protection register. The IPI is responsible for Switzerland. International protection can be requested from the EUIPO or through the Madrid System.

Enforcement

An equally important part is a subsequent concept for enforcing your intellectual property. This means you must keep an eye on the market and competitors. Stay informed about new developments and trends. Act promptly if someone is deriving commercial benefit from your invention without your consent, or if someone, even unknowingly, is attempting to register a similar idea.

Even if you don't protect your goods internationally, you can still exert some influence on piracy and the import and export of counterfeit products. The Swiss Federal Customs Administration offers extended controls upon request from Swiss rights holders. Goods that could represent counterfeits are temporarily seized by customs for a specified period. For further information, contact the customs administration and visit their website.

Last but not least: Make sure to keep your entries up to date. Intellectual property rights are subject to deadlines that must be met and extended in a timely manner. Set up early reminders.

Information Flow in Your Company 

Develop a professional concept to protect your products in terms of manufacturing and distribution. Consider carefully which specialists should be informed about or work with new developments. If necessary, expand contracts with employees and business partners with relevant clauses. Think long term, as it's not uncommon for an employee to switch to a competitor.

Technical Protection

For certain products and processes, technical features or designs that are difficult or impossible to counterfeit can be incorporated. Perhaps there are even black boxes or at least an element that can quickly expose counterfeits. Continue to explore such options for your idea if possible.

Expert Support

Formulating a protection strategy is not a simple task. However, there are various entities you can contact.

Firstly, the IPI offers valuable support and services to obtain further information on individual intellectual property rights and basic monitoring. It is also advisable to enlist an experienced specialized attorney. They can provide expert advice and help you formulate a legally sound protection strategy. Even after registration, they can support you with any questions and represent you in court if necessary, ensuring that your idea remains your property.

Whether you're looking for a specialized lawyer in general, trademark, or patent law, GetYourLawyer supports you. Submit your request online and receive personalized quotes quickly and easily.