INTELLECTUAL PROPERTY CHECKLIST

CHECK ON YOUR TRADEMARKS, TRADE SECRETS, PATENTS AND COPYRIGHTS! 

CHECK ON YOUR INTELLECTUAL PROPERTY POLICIES AND
PROCEDURES as well as YOUR EXTERNAL RELATIONS!

Trademarks

1.  Importance to company’s business objectives identified.

2.  Measures for selecting trademarks/domain names for new products, services?

3.  Measures for assuring consistent proper use – on products, services, advertising?

4.  Measures for assuring timely registration, renewal, amendment of registration to comply with changes made?

5.  Possible infringement by third parties?

6.  Licensing opportunities.

7.  Relationship to Domain Names.

Trade Secrets

1.  Have they been identified?

2.  Identity made known only to those having a need to know?

3.  Measures taken to restrict access by others?

4.  Written confidentiality agreements with vendors and other non-employees having access?

5.  Written employment agreements covering employees’ obligations to protect?

Patents

1.  Importance to company’s business objectives identified. 

2.  Measures for reporting inventions to management promptly and prior to public disclosure?

3.  Measures for insuring non-infringement on patents of others?

4.  Employment agreements requiring assignment of inventions to company?

5.  Measures for staying abreast of competitors’ patents?

6.  Possible infringement by third parties?

7.  Licensing opportunities.

Copyrights

1.  Measures assuring copyrightable works have copyright notice affixed, and copyrighted works are promptly registered?

2.  Measures assuring contracts with non-employees for works for hire, including assignment of all copyrights?

3.  Employment agreements requiring assignment to company?

4.  Possible infringement by third parties?

5.  Licensing opportunities. 

Policies and Procedures

1.  Do written policies and procedures on the handling of intellectual property exist?

2.  Are they current?

3.  Is there a designated authority for implementation and updating?

4.  Are they explained to those expected to follow them? 

External Relations

1.  Are contracts for goods, services in writing?

2.  Do written contracts cover confidentiality of business information and other trade secrets, assignment of inventions or copyrights for “paid for” work?

3.  Does the public identify the company with its intellectual property?  Are trademark, copyright and confidentiality notices used?