Trademarks, Patents & Copyrights: What Every Small Business Owner Needs to Know

Webinar Wednesday, Episode 382

Your brand, your invention, your creative work — these are assets. And if they’re not protected, they’re vulnerable. In this episode of Webinar Wednesday, CSUB SBDC Director Kelly Bearden is joined by intellectual property attorneys Jim Duncan and Ronnie Capaldi of Young Woolridge Law to break down the five types of IP protection every small business owner should know — and what it costs you if you don’t act.

IP isn’t just legal protection — it’s a financial asset

Kelly Bearden makes an important point before diving into the five categories: strong intellectual property can increase your business valuation beyond tangible assets like equipment and inventory, attract investors and strategic partners, and even create acquisition opportunities.

Case in point: SpaceX acquires Cursor, an AI coding software company just two and a half years old, for $60 billion. The value isn’t in the furniture — it’s in the IP.

Jim Duncan and Ronnie Capaldi walk Webinar Wednesday viewers through five distinct categories of IP protection, each with its own rules, timelines, and benefits.

The Five Types of IP Protection

What every small business owner needs to know

Trade Secrets

A trade secret is any formula, pattern, device, or compilation of information that is not generally known and derives economic value from remaining secret. The key word is secret — once publicly disclosed, the protection is gone. Trade secrets protect against theft and misappropriation, but do not prevent a competitor from independently developing the same thing.

What qualifies: The Coca-Cola formula, KFC’s herbs and spices, customer lists, proprietary software code maintained on private servers, and manufacturing methods.

What you must do: Any employee with access to trade secret information must sign a non-disclosure agreement. Failing to actively protect it is the number one defense used against trade secret claims.

Copyright gives you the right to prevent others from copying your original works of authorship — as long as those works are fixed in a tangible medium. Protection begins the moment the work is created and is administered by the U.S. Library of Congress. For individual creators, protection lasts 70 years after the author’s death. For works made for hire, protection lasts 95 years from first publication.

Critical tip: Register your work before infringement occurs. Pre-infringement registration unlocks the full range of legal remedies, including attorney’s fees and enhanced damages. If you wait until after the infringement happens, those remedies are off the table.

Trademarks

A trademark is a source identifier — it tells the world that a product or service comes from you, not someone else. Trademark rights last indefinitely, as long as the mark is actively used and registration is renewed. The Coca-Cola brand alone is estimated to be worth billions of dollars.

Know your symbols: ® is only for USPTO-registered marks. TM or SM can be used without registration to claim trademark rights. Federal registration enables recovery of attorney’s fees and enhanced damages in infringement cases.

Watch out for genericide: Kleenex and Xerox both nearly lost their trademarks by becoming synonymous with the product category. Trademark owners must actively distinguish their brand from the product itself.

Trademark strength spectrum (strongest to weakest): Coined words (Google, Xerox) → Arbitrary (Apple for computers) → Suggestive (Raid for insecticide) → Descriptive → Generic

A Deeper Dive: Patents

The most complex — and most powerful — form of IP protection

Patents: Types & Overview

Patents protect inventions and new processes and come in three types: utility patents (the most powerful — protect function and give the owner the right to exclude others from making, using, selling, or importing the claimed invention), design patents (protect ornamental appearance — Apple’s design patent on the iPhone shape won its infringement case against Samsung), and plant patents (protect new plant varieties developed through grafting).

A patent has three parts: drawings, a written description, and claims. The claims are the legal definition of the invention — and the battleground for any infringement dispute.

The Patent Application Process

File a provisional application to establish a priority date, then follow with a non-provisional application within 12 months. Current USPTO examination wait time is approximately 24 months. Inventors 65+ can request accelerated examination (within 12 months).

Patent terms: Utility and plant patents = 20 years from filing. Design patents = 15 years from issuance.

Cannot be patented: Perpetual motion machines, nuclear weapons, and natural organisms (with some gene-spliced exceptions).

International IP — PCT (Patent Cooperation Treaty)

A U.S. patent only provides protection within the United States. It does not prevent someone from manufacturing or selling your invention in another country. To seek international protection, file a PCT application within 12 months of your original U.S. provisional application to claim your U.S. priority date internationally.

You must provide an enabling disclosure — a description detailed enough that a skilled person in the field can make and use the invention. You cannot withhold the core of the invention and still receive patent protection.

Also Worth Knowing

Quick reference: IP at a glance

When does copyright protection begin?

The moment the work is created — no registration required. But register before infringement occurs to access the full range of legal remedies, including attorney’s fees and enhanced damages.

What makes something a trade secret?

It must have economic value from being secret AND be actively maintained as secret. Disclosure — even accidental — ends the protection. NDAs are essential for any employee with access.

® vs. TM — what’s the difference?

® is only for USPTO-registered marks — using it without registration is a federal violation. TM or SM can be used any time you are claiming trademark rights, even without formal registration.

How long does a patent last?

Utility and plant patents: 20 years from filing date. Design patents: 15 years from issuance. After expiration, the invention enters the public domain and anyone can use it freely.

Self-Assessment

Signs your business may have unprotected IP

If any of these apply, Jim Duncan and Ronnie Capaldi recommend speaking with an IP attorney sooner rather than later.

✓	You have a proprietary process, formula, or method — but no NDA in place
✓	You’ve created original content (blog posts, videos, training materials) but never registered with the Copyright Office
✓	Your business name or logo is in use but not registered with the USPTO
✓	You’ve invented a product or process but haven’t filed a provisional patent application
✓	You’ve shared your invention publicly without first establishing a priority date
✓	You’re selling in other countries but only hold a U.S. patent

Q&A Highlights

Questions from the audience

Can services be protected as a trade secret?

Yes — if confidentiality is actively maintained and employees are bound by NDAs. A proprietary service technique performed entirely within your business qualifies, as long as you take the correct safeguards to treat it as a secret.

Is there a deadline to sue for patent infringement?

Yes — the statute of limitations is 6 years. Notify the infringer promptly once your patent issues. The “laches” doctrine also applies: you cannot sit on your rights. Delayed action can limit your recoverable damages.

Jim Duncan, Patent Attorney, Young Woolridge Law

Jim Duncan — Patent Attorney & Partner, Young Woolridge Law

Jim Duncan is an intellectual property attorney and partner at Young Woolridge Law in Bakersfield. He holds a bachelor’s degree in petroleum engineering from the New Mexico Institute of Mining and Technology and is a U.S. Army veteran. Currently the only full-time patent attorney practicing in Bakersfield, Jim has spent his career helping inventors and businesses protect their innovations.

Ronnie Capaldi — Associate Attorney, Young Woolridge Law

Ronnie Capaldi is an associate attorney in the business department at Young Woolridge Law, focusing on the prosecution of patents and trademark applications. A Bakersfield native and CSUB alumnus, he holds a Bachelor of Science in chemistry and spent eight years as a clinical lab scientist before attending Pepperdine Law. He is currently studying for the patent bar exam.

Want to know how to protect your business’s intellectual property?

The CSUB SBDC offers free one-on-one advising to small business owners throughout Kern, Inyo, and Mono Counties. Our advisors can help you identify the right IP protections for your business — at no cost.

Watch the full webinar

This blog post covers the highlights, but the full episode includes Jim Duncan and Ronnie Capaldi’s complete IP overview, the patent application process in depth, live Q&A, and more.

▶ Watch “Trademarks, Patents & Copyrights: What Every Small Business Owner Needs to Know” on demand →

Intellectual Property Patents Trademarks Copyright Trade Secrets Small Business Business Valuation Kern County Inyo County Mono County Webinar Wednesday

Kelly Bearden — CSUB SBDC Director

Kelly Bearden leads the CSU Bakersfield Small Business Development Center, serving small business owners throughout Kern, Inyo, and Mono Counties. The SBDC provides free one-on-one advising and helped local businesses access nearly $9.9 million in capital investment in 2024.