Essential IP Protection Checklist for New Product Launches

Bringing a new concept to market is an exhilarating milestone for any business. You have spent months, perhaps years, refining the design, perfecting the functionality, and building a marketing strategy. However, amidst the rush to get your innovation onto store shelves or digital platforms, one critical step often gets sidelined: intellectual property (IP) protection.

Failing to secure your IP rights before hitting the market can be a fatal error. Once your product is public, you may lose the ability to patent it, or worse, you might discover you are infringing on someone else’s rights. 

At Emerson Thomson Bennett, we understand that a solid IP strategy is just as important as the product itself. This IP protection checklist is designed to guide you through the essential legal safeguards needed for successful new product launches.

Why is an IP Audit the First Step?

Before you file a single application, you must know exactly what you have and who else might have it. Conducting a thorough IP audit — specifically a “Freedom to Operate” (FTO) search — is non-negotiable.

An FTO search investigates existing patents, trademarks, and designs to ensure your new product doesn’t infringe on the rights of others. If you skip this step, you risk receiving a cease-and-desist letter just as you launch, potentially leading to costly litigation or a forced rebrand. 

An audit also helps identify every aspect of your product that is eligible for protection, from the underlying technology to the packaging design.

How do Provisional Patent Applications Help?

If your new product involves a unique invention or functional improvement, time is of the essence. The United States operates on a “first-inventor-to-file” system. This means that if a competitor files a patent for a similar invention before you do, you could lose your rights, even if you invented it first.

Filing a provisional patent application is often the best strategic move for startups and established companies alike. It establishes an early filing date and allows you to use the term “Patent Pending” on your product. This status acts as a deterrent to copycats while giving you a 12-month window to refine your invention and test the market before committing to the cost and rigor of a non-provisional patent application.

When Should You Secure Trademarks?

While patents protect the functionality of a product, trademarks protect its identity. Your brand name, logo, slogan, and even distinctive packaging (trade dress) are the signals that tell consumers the product comes from you.

You should file for trademark registration well before your launch date. This ensures your chosen brand name is available and prevents competitors from using confusingly similar marks. Federal registration with the USPTO provides nationwide protection and serves as public notice of your claim to ownership. 

Remember, a strong brand can become your company’s most valuable asset, often outliving the lifecycle of the product itself.

What Does Copyright Protection Cover?

Copyright is often overlooked in hardware or functional product launches, yet it remains a vital layer of the IP protection checklist. Copyright protects original works of authorship fixed in a tangible medium.

For new product launches, this can cover:

• Software code embedded in the device.
• Product packaging artwork and design.
• User manuals and instructional guides.
• Marketing materials, website copy, and advertising jingles.

While copyright protection technically exists the moment the work is created, registering your copyrights provides significant advantages, including the ability to sue for statutory damages and attorney’s fees in federal court.

Why Must You Enforce and Monitor Your Rights?

Securing your IP is only half the battle; the other half is policing it. IP rights are generally not self-enforcing. It is up to the patent or trademark owner to identify infringers and take action.

After launch, implement a monitoring system. This can include:

• Setting up Google Alerts for your brand name and product keywords.
• Monitoring competitor filings.
• Watching online marketplaces for counterfeit goods.

If you discover infringement, swift action is required. This might involve sending cease-and-desist letters or pursuing litigation. Allowing infringement to continue unchecked can weaken your rights and dilute your brand’s value over time.

Safeguarding Your Innovations

Launching a product without IP protection is like building a house without a lock on the front door. By following this IP protection checklist, you secure the legal foundation of your business, ensuring that you—and not your competitors—reap the rewards of your innovation.

Whether you are in the concept phase or preparing for a major release, contact the experienced IP counsel at ETB Law for help.