Intellectual property (IP) is a broad classification for various types of intellectual assets. The four generally recognized classes of intellectual property are patents, trademarks, copyrights, and trade secrets. These classes are not necessarily mutually exclusive, and more than one type of protection may often be obtained for the same intellectual asset.
About Patents
A patent is a right granted by a government to exclude others from
making, using, selling, offering for sale, or importing a patented
invention for a specified period. To apply for a patent, an applicant
submits a written description of an invention that is sufficiently clear
and detailed to enable someone skilled in the art to make and practice the
invention. The application usually includes drawings and always includes
claims, which define the legal “property line” that exactly
defines the invention. In the U.S. and in most other countries, patent
applications are examined to evaluate the novelty, utility, and
non-obviousness of the claimed invention, along with various formal and
statutory requirements. The examination process usually takes several
years. Types of patents available in the U.S. are:
- Utility patents, the most common type, which protect a method, process, machine, device, manufactured article, or composition of matter. These classifications are very broad, and include almost anything man-made. In general, a utility patent protects specific structure, how something works, or how it is used. A utility patent has a basic term of 20 years from the filing date or earliest-claimed priority date.
- Design patents, which protect the ornamental appearance of a product (but not how it works) for fourteen years.
- Plant patents, which protect a new horticultural variety—for example, an ornamental or agricultural hybrid—for twenty years from the filing date.
A provisional patent application is a preliminary application, not a type of patent. A provisional is basically a disclosure of an invention filed with the USPTO to secure a filing date and patent pending status. It requires a written description but not claims. The USPTO does not examine provisional applications, which cannot yield enforceable rights unless followed up with a non-provisional application within one year of the provisional filing date. It’s common to file a provisional to protect an early filing date while deciding whether to pursue an idea or while drafting a polished application.
About Trademarks and Service Marks
A trademark is a word, design, logo, symbol, or other device that identifies the source of goods in the marketplace. A service mark is essentially the same thing, except it identifies the source of a service rather than a tangible product. Both are called “marks,” and legally there is little difference between them. Your mark therefore shows that you are the source of your goods or services. It can be one of your best business assets. It is, quite literally, your good name.
In the U.S. and many foreign countries, a business establishes trademark rights by using a mark in commerce. Unlike patents and copyrights, which are governed exclusively by federal law, trademarks are enforceable at both the state and federal level. One purpose of trademark law is to prevent consumer confusion as to the source of goods and services. Trademark holders therefore may prevent others from using identical or confusingly similar marks for related or competing goods or services.
Trademarks have no specified term and are enforceable as long as they are being used in commerce. It is not mandatory to register trademarks or service marks with the U.S. Patent and Trademark Office or with state trademark offices, but there are definite legal benefits to doing so. The USPTO examines applications for federal registration for various legal requirements. One requirement is that the mark must not have a confusing similarity to existing registrations or applications for identical or related goods or services; another is that the mark must be sufficiently distinctive to be recognized as a source-indicator for the particular goods or services.
About Copyrights
A copyright protects the expressive content of an original work of authorship, but not the underlying ideas, principles, or data. Works that may be protected by copyright include books, advertisements, software programs, musical compositions, sound recordings, paintings, sculptures, stories, poetry, photographs, movies, and choreography. Copyright exists when the expressive content is fixed in a tangible medium.
About Trade Secrets
A trade secret is business information that has value because it is not generally known, provided that reasonable steps are taken to maintain its secrecy. Unlike patents and copyrights, which are based on federal laws, trade secret protection is largely based on state law. Unlike patents or copyrights, trade secrets may last forever—as long as the information keeps its value by remaining not generally known. All trade secret rights may be lost after a trade secret becomes known to others—for example, by reverse engineering, independent creation, or accidental disclosure.