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

“Intellectual property," or 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 from the moment you create it, it is wise to register it to create an official record of your ideas and more easily protect them should a conflict ever arise.

The 3 major forms of intellectual property under Virginia 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 Virginia intellectual property law.

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

Choose the best protection under Virginia intellectual property law

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 Virginia. 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 VA intellectual property to protect your business

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. Although patents and copyright are registered federally, you may register your trademark both in Virginia and federally.

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 federal copyright, register through the United States Copyright Office and register your trademark or service mark in Virginia on the Virginia Division of Securities & Retail Franchising website.

Let a lawyer guide you through Virginia patent law

It may be in your best interest to consult with Virginia intellectual patent attorneys in Virginia if you suspect you have a patent in Virginia. Patent law in Virginia, including Virginia escrow laws, has nuances that are often best left to an intellectual property attorney in VA who is familiar with filing your type of technology.

I recommend: To find Virginia intellectual property law firms, visit Lawyers.com or see Justia for a patent attorney in Virginia. You can also learn more on your own by ordering a publication on Virginia trademark and service marks through the LexisNexis Bookstore.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Remember that if you incorporate in Virginia, your trade name or logo is not automatically protected as a trademark under intellectual property law in Virginia. You must register separately for your trademark or service mark.
• •  Create an invention disclosure/submission procedure to capture the innovations created by your employees.
• •  Implement an invention record keeping procedure within your business.
• •  Create, document and enforce internal security procedures to track and secure your important information.