I have a new product: How do I protect it?

product intellectual property

To protect your product, you’ll want to look at a combination of intellectual property (IP) tools, depending on what kind of product it is, and what aspects you want to protect.

Here’s a step-by-step breakdown to help you protect your creation:


Step 1: Identify What You Want to Protect

Your product may have different types of protectable elements:

Feature of ProductType of IP ProtectionExample
Functional invention (how it works)PatentA new type of phone charger
Name, logo, sloganTrademark“Lawdit Solicitors” for legal services.
Design / appearanceRegistered DesignUnique shape of your lamp
Packaging, instructions, photosCopyrightArtistic box design or user manual
Trade secretsNDA / confidentialitySecret recipe, manufacturing process

Step 2: Protect the Invention (if applicable)

If your product has a technical innovation, consider filing a patent. A patent gives you exclusive control over your invention for a set period—typically 20 years. That means you can stop others from making, using, or selling your invention without your permission.

Tip: Don’t publicly disclose your product (e.g., sell it or show it online) before filing, or you might lose patent rights.


Step 3: Trademark Your Brand

If you’ve created a brand name, logo, or slogan, register a trademark. This protects your brand identity and prevents copycats from selling under your name.

  • File with the trademark office in your country (e.g., USPTO, UKIPO, EUIPO).

A trade mark, once registered, provides protection for 10 years. This protection can be renewed for a fee, and therefore a trade mark could remain registered indefinitely.


Step 4: Protect the Design and Content

If the product has a unique shape or visual design, you can:

  • Apply for a registered design.
  • Use copyright (automatically granted in many countries) to protect:
    • Instruction manuals
    • Product photos
    • Website copy
    • Packaging artwork

Registered designs have their limitations and therefore it is recommended you seek specialist advice before seeking to file any applications.

Copyright arises automatically and therefore doesn’t require any registration. However, you must be in a position to prove ownership of any copyright protected work so evidence is key.


Step 5: Keep Trade Secrets… Secret

If your product involves confidential information (like a formula, method, or list of suppliers), don’t patent it—instead:

  • Use non-disclosure agreements (NDAs) with manufacturers and partners
  • Limit access to the secret to only those who need to know
  • Ensuring that such information is protected with specialist systems and password protection.

Step 6: Consider International Protection

Do you plan to sell internationally? If yes:

  • File international patents using the WIPO PCT system
  • Register trademarks in other countries via the WIPO Madrid System
  • File for design protection in regions like the EU, UK, or China

Protection of your hard work can be difficult, therefore the team at Lawdit is here to help. If you would like to discuss intellectual property protection further, please get in touch with the Lawdit team today.

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