As National Small Business Month unfolds this May, it's the perfect time to consider how intellectual property (IP) protection can become a cornerstone of your business strategy. For small businesses and startups, intellectual property often represents your most valuable assets—from your brand identity to your innovative products or services. Yet many entrepreneurs overlook the importance of properly securing these assets, potentially leaving their businesses vulnerable and missing opportunities for growth. This article explores how comprehensive IP protection, notably through trademark, copyright, patents, and trade secrets, can strengthen your small business and create pathways for expansion. UNDERSTANDING YOUR INTELLECTUAL PROPERTY PORTFOLIO Every business, regardless of size or industry, possesses intellectual property. Your company name, logo, product designs, proprietary processes, custom software, marketing materials, and even customer lists all fall under the umbrella of intellectual property. For service-based businesses, your methodologies and systems may constitute valuable trade secrets. The first step toward effective IP protection is identifying what assets you have that deserve protection. Many small business owners are surprised to discover just how extensive their IP portfolio actually is when they take proper inventory. WHY IP PROTECTION MATTERS FOR SMALL BUSINESSES Beyond simply preventing others from copying your work, proper IP protection can significantly impact your business valuation and growth potential. Registration of intellectual property creates tangible assets that can be leveraged for financing, licensing arrangements, or investment opportunities. For example, a patent portfolio can demonstrate innovation and market advantage to potential investors, while trademark registrations can allow you to expand through franchising or licensing. Additionally, in today's digital marketplace, IP infringement happens regularly—having established protections gives you legal recourse when someone uses your intellectual property without permission. COMMON IP PITFALLS FOR SMALL BUSINESSES Many small business owners make costly mistakes when it comes to intellectual property. One common error is failing to conduct proper trademark searches before launching a new brand or product line, potentially resulting in infringement claims from existing trademark holders. Another pitfall is sharing proprietary information without proper confidentiality agreements in place. Even seemingly minor oversights, like not having employees sign IP assignment agreements, can create complications down the road when questions of ownership arise. Additionally, international protection is frequently overlooked—while U.S. registration provides domestic protection, separate filings are generally needed to protect your IP in foreign markets. CREATING AN IP STRATEGY FOR LONG-TERM SUCCESS A proactive intellectual property strategy should be integrated into your broader business plan. This begins with comprehensive IP audits to identify assets requiring protection, followed by prioritizing which protections to pursue based on business goals and budget considerations. Developing clear policies for handling confidential information and creating standardized agreements for employees, contractors, and business partners ensures consistent protection across all business relationships. For businesses with digital presence, monitoring for online infringement and having enforcement protocols in place has become increasingly important. The most successful small businesses view IP protection not as a one-time legal task but as an ongoing strategic initiative. CONCLUSION This National Small Business Month, take proactive steps to evaluate how well your intellectual property is protected and how it can be leveraged for growth. Doing so can prevent costly problems later while potentially opening new revenue streams through licensing and strategic partnerships. The SJS Law Firm, PLLC can help your small business secure necessary IP protection registrations and draft effective agreements for continued protection of your business’ proprietary assets. For a complimentary consultation, please contact us at (202) 505-5309.

In 2022, Maryland passed the Time to Care Act to establish a state-mandated family and medical leave insurance program which would provide eligible employees with job-protected paid leave to care for themselves or a family member with a serious health condition, to bond with a child, or to make arrangements for a family member’s military deployment. Under the Paid Family and Medical Leave (PFML) program, eligible employees will be paid up to $1,000 a week for up to 12 weeks (or 24 weeks under certain circumstances) of covered leave. The program will be funded through employer and employee contributions, although employers with fewer than 15 employees are not required to contribute to the program. Contributions to the program fund are scheduled to begin on July 1, 2025, with benefits becoming available starting July 1, 2026. Employers cannot outright refuse to provide paid family and medical leave but may choose between the state’s program or state approved commercial or self-insurance plan. Who are the Mandated Employers; Are There Exceptions? All employers with at least one worker in Maryland will be required to offer paid family and medical leave insurance. However, a sole owner of a sole proprietorship, LLC, C- or S-Corp who is also the only employee of that entity is not required to provide PFML; such employers may opt into the program. Who are the Eligible Employees? Employees who worked at least 680 hours in Maryland during the 12-month period before the leave is to begin are eligible for PFML. How Much Must Employees and Employers Contribute to the State Program? The rate of contributions for the state’s program will depend on the employer’s payroll size; the rate will be 0.90% of covered wages up to the Social Security cap and employers may withhold up to 0.45% of the contribution rate from the employees’ pay. Employers with less than 15 employees will have a rate of 0.45% and may withhold up to the full amount from paychecks. Private plans will set their own rates. What is the Effective Date of the PFML? Contributions are scheduled to begin in July, 2026. However, in February 2025, the Maryland Department of Labor proposed a new timeline for implementation of the PFML program, with Maryland Labor Secretary Portia Wu citing instability and uncertainties of the times; under the proposed timeline, contributions to the fund would begin on January 1, 2027 and benefits would become available as of January 1, 2028. The Maryland General Assembly has yet to take legislative action regarding the proposed timeline. Notification of Employees Employers must notify their employees of PFML when the employee is hired, once a year, and when the employer knows that an employee's leave request may qualify for PFML. What are the Penalties for Non-compliance? The Maryland Department of Labor may order employees to pay the contributions plus interest, twice the amount of contributions withheld, penalties of up to $1,000 per violation, etc. Business To-Dos Review payroll to determine which employees are eligible for PFML Determine whether to opt into the state program or a private program Set up payroll systems to manage applicable employer and employee deductions Submit wage and hour reports each quarter as required by the Maryland Department of Labor Ensure PFML eligibility is properly communicated to employees upon hire and at other required times; consider making changes to employee handbooks if applicable Stay updated on PFML changes, especially regarding dates of contribution and benefit availability