Protecting intellectual property (IP) is crucial in today’s fast-paced innovation landscape. This blog explores the significance of IP protection, covering patents, trademarks, copyrights, and trade secrets. Traditional methods like legal avenues and NDAs may not suffice, prompting the need for IP archiving services, offering a robust solution for safeguarding valuable assets. These services, facilitated by trusted agencies like EscrowTech, create an audit trail for IP, ensuring legal validation and protection, thus offering peace of mind to innovators.

In the contemporary age, innovation moves at the speed of light. The most traditional mechanisms for intellectual property protection can no longer keep up. What is an innovator to do when their creation has the power to transform an industry? What are your options if your intellectual property is intangible, cloud-based, or falls into a technological gray area? 

The world deserves your highly sought-after solutions, and you deserve peace of mind. 

In this blog, we’ll explore the potential of IP archiving services. Continue reading to discover why IP archiving services help today’s innovators protect their most valuable assets.

What Is Intellectual Property Protection?

Protecting your intellectual property allows you to earn financial benefit or recognition for the things you create. You’ll safeguard your innovation and creativity so that others cannot claim ownership of your ideas and subsequent creations. As a business, protecting your intellectual property is a way to manage risks while remaining competitive in the field. 

What Constitutes Intellectual Property?

According to the World Intellectual Property Organization (WIPO), there are four primary categories that constitute intellectual property: 

  • Patents. Exclusive rights granted by a government to inventors, providing them with the sole authority to make, use, and sell their inventions for a limited time period. 
  • Trademarks. Distinctive signs, symbols, or words used to identify and distinguish the goods or services of one party from those of others in the marketplace. 
  • Copyrights. Legal protections granted to creators of original works of authorship, giving them exclusive rights to reproduce, distribute, and display their creative works. 
  • Trade Secrets. Confidential information that provides a business with a competitive advantage and is not publicly disclosed. It is typically protected through secrecy measures rather than formal registration. 

In the digital age, software is one of the most common and valuable forms of intellectual property. Typically, software falls under the realm of copyright, as it is legally considered to be a literary work. Both source code and object code fall under copyright protection, thus constituting IP. 

In some cases, software with innovative functions or processes can also have patent protection. Some elements of software, such as its unique branding, may also be trademarked.  

As software and source code are often vital tools, protecting your IP means protecting its value. 

Likewise, intangible assets, like data, are gaining importance, even above and beyond physical assets. With the high speed of contemporary innovation, particularly in the realm of AI, protection is more crucial than ever. Cloud-based assets, metaverse assets, and SaaS applications can also constitute intellectual property and are worthy of the same protections.

An escrow professional helps a client protect their IP

How Is Intellectual Property Protected?

With IP protection, you can ensure that a company with more resources or name recognition cannot use your idea and call it their own. Likewise, in the event of a bankruptcy or disruption in service, your stakeholders will not be able to claim ownership of your property.  

Per the International Trade Administration, there are two basic, traditional ways to protect your intellectual property: 

  • Legal Avenues. These are the basic legal protections granted to you when you copyright, trademark, or patent your IP. 
  • NDAs. These are legal agreements between parties to maintain the confidentiality of shared information. They represent an agreement to refrain from disclosing the information to unauthorized individuals or entities. 

In many cases, a trademark, copyright, NDA, or basic written agreement may not be enough to ensure full protection, especially if the assets are less tangible. Those seeking intellectual property protection for software, SaaS applications, or trade secrets can also benefit from IP archiving or an audit trail.

IP Archiving: A Game-Changer in IP Protection

IP Archiving allows IP holders to create a time trail or audit trail reflecting the existence and development of new, innovative ideas or technology. You will enter into a master legal agreement with an agency such as EscrowTech.  

Upon making a deposit, the agency archives IP in secure, off-site, two-location facilities with 24/7 surveillance. If necessary, the agency will then be able to provide legally sound, third-party corroborating evidence that your IP existed at a certain date and time.  

Your deposit may be in any form that documents, evidences, or embodies the relevant intellectual property or other subject matter. 

Examples include: 

  • Documents 
  • Drawings 
  • Electronic databases 
  • Software (source code) on CD ROMs 
  • Computers 
  • Samples 
  • Prototypes 

Your materials will be made available for inspection, copying, release, or testing as specified in your legal agreement. They can be used to verify any copyrights, trademarks, patent rights, or other legal designations. As the owner of the agreement, you’ll also Whenever needed, have access to the originals or copies of the deposit materials. This can be crucial in the event of a breach or other adverse event.  

Often, by the time an innovator needs access to an audit trail, it’s already too late. Most IP holders are happy to have audit trail documentation in the event of a dispute, mediation, arbitration, or litigation. Paying for these protections upfront can prevent significant financial losses in the event of a dispute. You’ll boast a significant advantage over a less prepared challenger. 

EscrowTech is a trusted neutral party that can help you facilitate a customized agreement to suit your unique needs. Learn more about securing your data and IP with our IP protection services.


author avatar
Jorge Sagastume
Jorge Sagastume is a seasoned professional with over two decades of experience in the software escrow industry. As the President of EscrowTech International, Inc., he has demonstrated a profound expertise in navigating the complexities of software escrow agreements and intellectual property management. His leadership has been instrumental in solidifying EscrowTech's reputation as a trusted and reliable partner in the tech industry. Jorge's commitment to excellence and his passion for delivering top-notch service are reflected in the long-standing relationships he has built with clients and partners alike