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
Confidential / proprietary information is a blanket term used to describe information that gives a business a competitive advantage. There is also personal confidential information. Not all confidential / proprietary information qualifies as trade secrets.
Trade secrets are a subset of confidential / proprietary information and consist of business, technical, and financial information that
- generally is not known or able to be known outside the entity possessing it,
- provides an economic value or business advantage for the entity through its secret nature, and
- the owner takes reasonable efforts to keep secret.
Services
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General advice regarding security and protection
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Non-disclosure agreements
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Transfer of trade secret ownership
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VIP IP Strategy Session
Fees
We work using flat rates. You will know up front what the total cost will be for the services most appropriate for you, barring unforeseen circumstances.
Common fees are listed in this downloadable fee schedule. Additional attorney and government filing fees may apply to these listed fees. The fees listed here are starting points. Fees ultimately depend on the complexity of the work required.
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Recent Posts About Trade Secrets and Proprietary Information
IP Strategy for Creatives: Protect Your Art, Your Brand, and Your Business
The Four Intellectual Property Tools Every Creative Needs in Their Arsenal: When we talk about intellectual property, we are talking about four main categories: copyright, trademark, patents, and trade secrets. As a creative, your work often touches multiple categories at once. Understanding which protects what is the foundation of any smart IP strategy.
March 31, 2026
Patent vs Trade Secret. Which One Will Spare You from Innovation Horror?
If you have an innovation, you face a choice: patent it or keep it as a trade secret. I walk through some advantages and disadvantages of protecting innovation through patents and as trade secrets. Then I tell you the strategic question to ask yourself and how your answer will help determine which is the most appropriate protection.
January 16, 2026
Trade Secret Self-Check: Is Your Secret Formula Actually Secret?
If your business has innovations or business secrets, this beginning-of-year trade secret self-check could save you from losing valuable rights. What qualifies as a trade secret for your business? Are your business secrets truly secret? Do you have all the NDAs in place you need?
January 15, 2026
Beginning-of-Year IP Checkup Checklist: The Annual Exorcism of Business Horror, Part 2
This week, I’m talking about something potentially even more valuable that EVERY business has: your intellectual property.
ALL businesses have intellectual property, and for many businesses, intellectual property IS the business. Your brand name, your logo, your proprietary processes, your creative content; they’re often the most valuable assets you own.
Despite all that truth, most business owners have no idea (1) that they have IP, (2) what IP they actually have, (3) whether their IP is protected, or (4) when critical deadlines are coming up.
That changes today.
By the end of this article, you’ll know exactly how to audit your intellectual property, identify gaps in your protection, and prioritize what needs attention this year.
January 12, 2026
Keep Your Business Secrets Secret. Or Else!
Sloppy security sinks secrets, though. Once the secret gets out, like through you posting about it online or someone blabbing about it because you didn’t use NDAs, its value is gone like a vampire in a puff of smoke. The secret about trade secrets is that they can make you money BECAUSE they’re secret, and they can destroy your business if they escape from their cages.
December 19, 2025