What have you created? How to choose the right protection
In a series of blog posts, Marco Coolen gives an insight into his work as a Dutch and European patent attorney at AOMB.
Published on October 19, 2025
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Can you still use Milka purple or KLM blue for your next design?
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
You've developed something new. Great! But now what? How do you make sure no one else runs off with it?
That's where the confusion often starts. Because there are many different ways to protect your invention. Which route you choose depends entirely on what you've created. Let's break it down simply.
Technical solution? Think patents
Have you made a technical invention?
- A machine that works faster.
- A new production process.
- A smarter algorithm approach.
Then you are in the domain of patents. This protects how something works. An approved patent gives you the exclusive right to prohibit others from using your invention commercially.
Marco Coolen, photo © Bart van Overbeeke
Name or logo? Then go for trademarks
Have you developed a name, logo, slogan, or corporate identity that makes you recognizable in the market? Then you're in the realm of trademark law.
- You protect your brand name (think: Philips, Nike, Tesla).
- You protect your logo or image mark.
- And sometimes even specific colors (such as Milka purple or KLM blue).
Trademark registration ensures that competitors cannot operate under your banner.
Nice design? Protect it with designs
Is your design distinctive in terms of its shape or appearance? Then you use design rights.
- Think of the shape of a smartphone, a striking chair, or a new packaging design.
- It protects the visual appearance, regardless of the technology behind it.
This is very valuable in sectors where design is crucial to success.
Creative work? That falls under copyright
Have you created something that is creative in nature? Such as:
- Software (source code).
- Music or lyrics.
- Illustrations, photography, or video.
- Choreography or art.
Then you are automatically covered by copyright. You don't even need to register anything: protection is granted as soon as you create the work.
Please note: for software, you can combine both copyright (on the code) and patent (on the technical effect).
The World of Patents
Dutch and European patent attorney Marco Coolen (AOMB) gives us a better understanding of the world of patents. How do they work, why are they important, but also: when do they lose their usefulness?
Not visible, but valuable? Keep it as a trade secret
Some information is best kept completely confidential:
- Recipes (think Coca-Cola).
- Production methods: customer data or algorithms.
This falls under trade secrets. Here, confidentiality is your protection. You only share with those who really need to know and arrange non-disclosure agreements (NDAs).
Sometimes one type of protection is not enough
You often work with a combination of forms of protection. The best example? The iPhone:
- ✔️ Technology: protected by patents.
- ✔️ Design: protected as a model.
- ✔️ Name: protected as a trademark.
- ✔️ Software: protected by copyright.
- ✔️ Sensitive know-how: protected as a trade secret.
Protection is tailor-made
What you have created determines what you need to protect. A single invention may sometimes require multiple forms of protection. And that is precisely where the art of a good Intellectual Property (IP) strategy lies.
So don't just look at what you create, but above all at what it is worth. Because good protection is an investment in the future of your business.