The US Patent & Trademark Office (USPTO) Director announced in January 2023,  a new tool called the “Intellectual Property (IP) Identifier.” Specifically, the USPTO announced January 18, 2023, launch of the agency’s new IP Identifier tool. The tool is accessible at the following link.  The tool appears to lead the user through a series of initial questions, relating to various types of innovations and proceeds to make a recommendation as to the particular types of IP that may be useful in protecting the types of IP noted.  The USPTO describes its tool as, “This user-friendly, virtual resource— designed for those who are less familiar with IP—enables users to identify whether they have IP and the IP protections they need to support and advance their business, invention, or brand. The IP Identifier serves as an important foundation for an innovator, entrepreneur or creator’s IP journey. In addition to the tool helping identify a person’s or company’s intellectual property, it provides easily digestible information on intellectual property – patents, trademarks, copyrights, and trade secrets.”   The tool appears to provide promise for helping guide lay people through a process of identifying innovations worthy of IP protection. It is expected that the tool will improve over time to provide even more detailed guidance.  See full USPTO announcement here.

Reston Law attorneys often assist their clients in identifying their IP as well.  Reston Law has its own published IP matrix, which its clients may also use as another tool to distinguish between the various types of IP. See Reston Law’s IP Category Matrix below.