Guide to Minnesota Intellectual Property Law

If you are doing business in Minnesota, you may have ideas you want to protect under Minnesota 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" are your ideas, "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 three major forms of intellectual property in Minnesota are:

1. Trademark, for trade names or logos.

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

3. Patent, for unique inventions, dictated by patent law in Minnesota.

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

Choose the best protection under MN 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

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 Minnesota. 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 Minnesota IP law 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.

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 Library of Congress. Review the USPTO Fee Information to find applicable registration fees.

Let Minnesota IP lawyers guide you

It may be in your best interest to consult with intellectual property attorneys in Minnesota for advice about protecting your intellectual property. Patent law in Minnesota, in particular, has nuances which are often best left to a Minnesota patent attorney who is familiar with filing your type of technology.

I recommend: To find a Minnesota IP law firm, visit BitLaw. See the Minnesota Intellectual Property Law Association for more information on intellectual property law in Minnesota, or Justia for MN intellectual property lawyer. LawMoose also provides useful tips on IP and patent law in Minnesota.

Tips & Tactics
Helpful advice for making the most of this Guide

• Form an intellectual property committee under the guidance of a Minnesota IP law firm to address all of the intellectual property you have.
• Create an invention disclosure/submission procedure to capture the innovations created by your employees.
• Promote an invention record keeping procedure.
• Create, document and enforce internal security procedures to track and secure your important information.

The official source of Minnesota Intellectual Property Law is
the Minnesota Intellectual Property Law page at Business.com