Patent.  Patents are granted based on the filing of a patent application meeting the requirements of patentability before the U.S. Patent and Trademark Office.  However, several steps should be taken prior to filing a patent application to maximize patent rights.  First, employees should be required to sign an employment agreement with an invention assignment clause.  Second, inventors should keep records so that inventors can prove the date of invention, if necessary.  Third, a patent application should be filed early in the commercialization of a product.  Most foreign patent rights are forfeited if a public disclosure or sale occurs prior to filing a U.S. patent application.  U.S. patent rights are forfeited if a patent application is not filed within one year of the first public use, sale, offer to sell or public disclosure of the invention in this country.  Fourth, patented products should always be appropriately marked to maximize damages from any patent infringement.

            Trademark.  Some trademark rights are acquired automatically through use of the mark in commerce.  More substantive rights and wider geographic rights are obtained by registering the trademark, preferably through a federal registration.  The more distinctive the mark, the greater the rights acquired through use.  Selection of a distinctive mark is an important step in maximizing trademark rights.  Prior to federal registration, a trademark owner should place a ^TM symbol ("bug") next to a trademark or an ^SM symbol next to a service mark.  There are no requirements for use of the  ^TM and ^SM bugs, and use of these bugs notifies the public that trademark rights are being claimed in the name.  After federal registration, a trademark owner should place an ® bug next to the mark.   A trademark can be deemed to be abandoned (lost) if the owner of a trademark stops using the mark, improperly licenses the mark, improperly transfers the mark, or improperly uses the mark and fails to prosecute infringers so as to render the mark generic.  Accordingly, policing one's own use and the use of similar marks by others is an important step in maximizing trademark rights and value.

            Copyright.  A person automatically acquires federal copyright protection as soon as an original work is written, recorded or otherwise "fixed in any tangible medium of expression."  17 U.S.C. §102(a).  To maximize copyright rights, the copyright owner should place a copyright notice, such as "© 1996 by LAWCHEK, LTD." on all publicly distributed copies.  Additionally, for works that are published, the copyright should be registered, preferably within three months of the first publication.

            Trade Secret.  Trade secret rights are acquired by taking reasonable steps to keep information secret.  Absolute secrecy is not required, but the information must not be publicly accessible.  Trade secret information is usually misappropriated by persons who properly receive the information and then improperly disclose or use the information.  Reasonable steps should be taken to avoid such disclosure or use.