How to Protect Your Company’s Intellectual Property

When I talk with manufacturing leaders, I’m often surprised by how much intellectual property (IP) they own—and how uncertain they are about whether it’s actually protected.

During a recent webinar I hosted, Safeguard Your Competitive Edge, I interviewed Batur Oktay, an attorney and partner at Davis Wright Tremaine LLP with more than 27 years of experience leading intellectual property programs for public and private companies. What stood out to me wasn’t just the legal mechanics of IP; it was how often companies unintentionally leave valuable assets exposed.

This topic is especially top of mind for me. I recently went through the patent application process as a co-inventor of a product, and it gave me a much deeper appreciation for how important and challenging it can be to protect intellectual property effectively. That experience is one of the reasons I wanted to have this conversation with Batur and share these insights.

Why Intellectual Property Matters More Than You Think

Every company owns IP, whether they label it that way or not. It can include:

• Inventions and patented technology
• Proprietary processes and know‑how
• Brand names, logos, and product designs
• Trade secrets that give you a competitive edge

For many manufacturers, IP is the business. Yet it’s often under‑documented, inconsistently protected, and misunderstood from a risk and insurance perspective.

One of the most significant gaps I see is this:
Business leaders know their IP is valuable, but they haven’t taken the time to define it or protect it intentionally.

Start by Identifying What Makes You Different

During the webinar, I asked Batur how companies can even begin to identify their IP. His advice was refreshingly simple.

Ask yourself:

• What would a competitor pay to know?
• What would hurt the most if it walked out the door tomorrow?
• What took years to develop but could be copied in months?

If something immediately comes to mind, there’s a good chance it qualifies as intellectual property and deserves protection.

The Four Types of Intellectual Property (and Why They Matter)

Most companies have more than one type of IP in play:

1. Patents
   Protect inventions and technical innovations, including utility and design patents.
2. Trademarks
   Protect brand identifiers like company names, logos, and taglines.
3. Copyrights
   Protect original works fixed in a tangible form—things like marketing materials, technical drawings, and written content.
4. Trade Secrets
   Protect valuable information that derives its value from not being public, such as formulas, processes, or internal methods.

Each category has different protection rules, costs, and risks, which is why a one‑size‑fits‑all approach doesn’t work.

A Practical Two‑Step Approach to Protecting IP

Batur recommends thinking about IP protection in two clear steps—and I agree that this framework works well for most companies:

Step 1: Assess What You Have

Many organizations have never completed a formal IP review. An assessment should look at:

• Patent‑eligible innovations
• Trademarks currently in use or planned
• Trade secrets embedded in operations
• Copyrightable materials created internally

You can’t protect what you haven’t identified.

Step 2: Protect It the Right Way

How you protect IP depends on the asset:

• Patents
  Filed with the U.S. Patent and Trademark Office. They can be expensive and time-intensive, so they’re typically reserved for innovations with clear commercial value.
• Trademarks
  Also registered through the USPTO. Doing a trademark search early can prevent costly rebranding later.
• Copyrights
  Copyright exists automatically, but registration is required if you ever want to enforce your rights in court.
• Trade Secrets
  These rely entirely on how your company treats the information: restricted access, confidentiality markings, NDAs, and internal controls matter.

One of the Biggest Risks: People

An employee leaves for a competitor and downloads sensitive files on the way out.  Former employees are one of the most common sources of IP loss. Batur emphasized that protection needs to happen at every stage of the employment relationship:

• Hiring
  Review agreements candidates may have signed with previous employers.
• During employment
  Use confidentiality and invention assignment agreements so ownership is clear.
• Departure
  Conduct exit interviews, recover company property, and reinforce ongoing obligations.

Third-party relationships—vendors, suppliers, contractors, and joint development partners—can introduce similar risks if contracts aren’t clear.

Accidental Disclosure Is More Common Than You Think

Not all IP losses are intentional. Some happen because:

• marketing materials reveal too much,
• trade show demos go too far, or
• employees overshare on social media.

Simple internal review processes can dramatically reduce this risk.

What to Do If You Think Your IP Is Being Infringed

If you suspect someone is using your IP without permission, Batur recommends slowing down before reacting.

Start by:

• assessing the situation,
• documenting what you see,
• analyzing your actual rights, and
• considering the business relationship involved.

Enforcement options can range from informal discussions to cease‑and‑desist letters or litigation—but litigation is expensive and disruptive, so it should be strategic.

Where Insurance Fits In

Insurance can play a role, but this is where many companies are surprised.

Standard policies often leave gaps when it comes to IP. Depending on your risk profile, you may want to explore:

• IP infringement defense coverage
• IP enforcement insurance
• Cyber and data breach coverage (particularly for trade secrets)

This is an area where legal, operational, and insurance strategies need to align.

Final Thought

What I took away most from my conversation with Batur—and reinforced by my own recent experience, is this:
Intellectual property protection isn’t just a legal issue. It’s a business risk issue.

If you don’t know what your IP is, how it’s protected, or how you’d respond if it were compromised, that’s a conversation worth having sooner rather than later.

If you’d like to dive deeper, you can view the recorded webinar here: https://www.propelinsurance.com/practical-strategies-for-protecting-your-intellectual-property/.