Free Tool · IP Strategy
Which IP protection do you actually need?
Patent, trademarktrademarkA name, logo, or phrase identifying the source of goods or services. Protects brand identity — different from patents (inventions) or copyright (creative works).Read more →, copyrightcopyrightLegal protection for original creative works (books, code, art). Automatic at creation. Different from patents, which protect inventions.Read more →, or trade secrettrade secretConfidential business information that gains competitive value from being kept secret. Unlike patents, lasts as long as the secret is maintained.Read more →? It's rarely either/or — most products are protected by a stack of several at once. Answer five questions and we'll map the layered strategy that fits, and flag any deadlines you're up against.
Your IP strategy
Start with a utility patent, then layer 3 more protections on top.
A utility patent protects how your invention works — its function, method, or structure — for about 20 years.
If your product also has a distinctive look, a design patent can protect its appearance alongside the utility patent on its function.
Protect the product's name and logo with a trademark so competitors can't trade on your brand.
Software code, manuals, UI art, and marketing copy that ship with the product are protected by copyright automatically.
This selector is an educational guide, not legal advice. IP rights are fact-specific and the rules differ by country — confirm your strategy with a qualified attorney before relying on it. PatentBrief is not a law firm.
Why it stacks
One product, four kinds of protection.
Take a single smart speaker. A utility patentutility patentThe most common type of patent — covers functional inventions. 20-year term from filing.Read more → can protect how its microphone array cancels noise. A design patentdesign patentCovers the ornamental appearance of a product, not function. 15-year term from grant.Read more → can protect its distinctive shape. A trademarktrademarkA name, logo, or phrase identifying the source of goods or services. Protects brand identity — different from patents (inventions) or copyright (creative works).Read more → protects the product name on the box. And copyrightcopyrightLegal protection for original creative works (books, code, art). Automatic at creation. Different from patents, which protect inventions.Read more → covers the software inside and the words in the manual — automatically. The mistake is treating these as a choice. The strategy is treating them as layers.
The one trap to respect: in the US you generally have 12 months from your first public disclosure or sale to file a patent. Miss it and that door closes — which is why question 3 matters most.