IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense.
September 1, 2026
Patent
Trademark
Copyright
Trade Secrets and Confidential/Proprietary Information
Patents
Patents protect inventions, like manufactured items, processes, machines, compositions of matter, or improvements to those things. Sometimes they also protect the way a manufactured item looks or a new kind of plant.
Trademarks
Trademarks protect your brand: business name, logo, slogan, package design, store design elements, sounds, scents, and more. They identify a source of goods or services and distinguish it from others.
Copyright
Copyright protects intellectual and artistic expression, including books, magazines, movies, photographs, music, drawings, paintings, live performances, and sculpture. It also protects software programs, business plans and charts, websites, graphic designs, and data compilations.
Other IP Protection
Trade secrets, confidential information, and proprietary information cover many pieces of intellectual property that can’t be protected by patent, trademark, or copyright registration. Non-disclosure agreements are useful for protection.
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