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Protecting IP
It doesn’t take a hurricane, fire
or earthquake to bring a company to its knees. Sometimes a
disgruntled employee or an overzealous competitor can commit
acts that severely impact a precaster’s business. One
way to protect yourself is through active protection of your
firm’s intellectual property, or IP.
Defined as the legal rights associated with
inventions, artistic expressions and other products of the
imagination (such as patent, copyright and trademark law),
IP is a crucial component for any company that designs and
manufactures products. But not all manufacturers recognize
the value of protecting IP.
“Most small to midsize firms just
don’t appreciate the various types of IP protection
available,” says Chad Kleinheksel, attorney at Warner,
Norcross and Judd LLP in Grand Rapids, Mich. “Mainly,
they don’t realize that new products don’t have
to be ‘groundbreaking’ to be patented.”
A simple improvement in a concrete mixture,
for example, or an improvement in the way precast is waterproofed,
may warrant a patent, which in turn would prevent competitors
from “knocking off” that invention. Precasters
interested in protecting their ornamental designs may also
file for protection using design patents, which, like the
utility patent, will prevent competitors from “stealing”
those designs.
Those precasters who don’t protect
their IP stand to lose substantial business opportunities,
says Kleinheksel, who works often with manufacturers in the
construction trades. “With a patent, you have a monopoly
on your idea for about 20 years,” he says. “Without
it, you’re basically just competing on price.”
To promote an IP-savvy culture within your
own company, Glenn Belvis, attorney with Brinks Hofer Gilson
& Lione in Chicago, says to first look at your business,
technology and inventions. Educate employees on the value
of protecting IP, and learn to recognize the “red flags”
(such as a competitor who copies your design) that might indicate
it’s time to consult with an attorney about IP protection.
“Look at your firm and pinpoint what you’re most
proud of,” says Belvis, “and then consider actively
protecting it.”
Learn more about IP protection and how to
file for patents and copyrights online at the U.S. Patent
and Trademark Office (USPTO): www.uspto.gov.
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