What Your IP Department Wants Marketing To Know

The article emphasizes the importance of aligning marketing strategies with intellectual property (IP) protection. It warns against marketing practices that could potentially undermine a company's IP, such as highlighting the functional aspects of a product that is protected by a trademark or trade dress. The article also discusses the current copyright laws, stating that AI-generated works are not copyrightable and that only human-created content is deemed copyrightable.

Furthermore, the article highlights the challenges of online sales for businesses that frequently update their products. It explains that online sales set a one-year bar date for patents, and updating an older sales link with a new item could lead to the patent office mistaking the newer item for having been on sale for more than a year. The author advises businesses to be aware of potential conflicts between marketing and IP protection and to understand the risks of certain marketing strategies.

Key takeaways

Marketing and intellectual property protection should work together to strengthen your brand and product sales.
Trademark or trade dress protection cannot be obtained over something that is functional, so marketing should avoid emphasizing the functionality of a product's appearance or look.
AI-generated works are not copyrightable under current laws, so companies using AI for producing content should be aware of this limitation.
Online sales set a one-year bar date for patents, so businesses updating an older sales link with a new item they are trying to patent should be aware of potential conflicts.

What Your IP Department Wants Marketing To Know

Key takeaways

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