If you are doing business in Delaware, you may have ideas you want to protect under Delaware intellectual property law. This protection allows you to reap the full benefits of your business concepts and prevents others from unfairly using them.

“Intellectual property" (IP) refers to ideas that are owned by you as an individual or as a company. Although your intellectual property is protected under intellectual property law in Delaware from the moment you create it, register to create an official record of your ideas and more easily protect them should a conflict ever arise.

The 3 most common forms of intellectual property under DE intellectual property law are:

1. Trademark, for trade names or logos.

2. Copyright, for artistic works such as published work.

3. Patent, for unique inventions, dictated by intellectual property law in Delaware.

Action Steps
The best contacts and resources to help you get it done

Choose the best protection under intellectual property law in Delaware

To protect your intellectual property, first decide what type it is. Trademarks refer to a name, phrase, or logo that identifies your business. It can include words only, a particular look or font or even a color scheme. A copyright protects the specific form in which your ideas are recorded and is used to protect literary and artistic works. Finally, patents protect your inventions and are used for physical devices or abstract concepts, such as computer software algorithms or business methods.

I recommend: Start with the Intellectual Property Center of FindLaw, which outlines the basics of intellectual property and offers a wide menu of topics to help you begin to register your intellectual property in Delaware. The Intellectual Property Resource Center of Netpreneur is also an excellent resource for your initial research. Review the helpful information at the United States Patent and Trademark Office or the United States Copyright Office.

Register your intellectual property under Delaware IP law to protect your business

Although intellectual property, in general, is registered at the federal level, you can also register trademarks at the state level. It is essential for your small business to patent your ideas or register your trademarks or copyrights. This allows your small business to access the full power of the courts in protecting your valuable assets.

I recommend: Check the Trademark Electronic Search System to ensure your proposed trademark is not registered, then register online through the Trademark Electronic Application System. For your copyright, register through the United States Copyright Office. Review the USPTO Fee Information to find applicable registration fees. To register your trademark in Delaware, contact a reputable company such as LegalZoom.com.

Let a lawyer guide you through Delaware intellectual property law

It may be in your best interest to consult with intellectual patent attorneys in Delaware for advice about protecting your intellectual property. Delaware Patent Law has nuances that are often best left to intellectual property law firms in Delaware that are familiar with filing your type of technology.

I recommend: To find a Delaware IP law firm, visit Lawyers.com or see Justia for a Delaware intellectual property lawyer. Understand your obligations under Delaware law by reviewing Title 6, Chapter 33 of the Delaware Code at Delaware.gov. For more guidance and a directory of Delaware intellectual property lawyers, visit DelawareTrademark.com.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  To assist in identifying potential patents under patent law in Delaware, create an invention disclosure/submission procedure to capture the innovations created by your employees.
• •  Form an intellectual property committee under the guidance of a Delaware intellectual property law firm to identify and categorize all of the intellectual property your business may claim.