So you’ve got a great startup idea and you’re ready to launch the next Instagram or FitBit. The question is, how do you protect your startup idea? The answer is intellectual property, often referred to as IP. IP protection includes a range of laws that can both help and hinder entrepreneurs. But patents, trademarks and copyrights are crucial to a startup’s success. Remember, too, that investors will expect startups to have their IP protection in place before doling out any venture capital.

Intellectual property law is complicated and constantly evolving. Consider these tips a starting point and not a substitute for legal advice. Your best bet for protecting your startup is an experienced IP lawyer.

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“The biggest question to ask is, ‘What can I offer that other people can’t?’” says Mark Lemley, a professor at Stanford Law School who teaches intellectual property law. “For some companies, that’s a cool but simple idea. If so, and if that idea will be evident once your product goes on the market, you need patent protection,” Lemley says.

Lemley also says, “If it’s an internal manufacturing idea, detailed knowledge about how something works, or something else not easy to see, trade secrecy may be a better bet (and it’s cheaper and quicker to get).”

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For social apps, the question of survival is often less about patent law and more about the user base. A company that has a large and devoted user base is more likely to survive. Lemley, the Stanford law professor, says, “For some companies you may not want IP protection at all, preferring to release code under open source licenses or to share the idea widely in hopes of boosting adoption.”

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“Whatever your company, though, the one piece of IP no one can do without is a brand,” Lemley says. He adds, “Trademark protection is critical to distinguish your product from competitors and to build name recognition.”