Four Types of Intellectual Property and How to Protect Them

Intellectual property is a set of intangible (non-physical) assets owned by a company or individual that are legally protected from outside use or implementation without consent by the owner.  

The four main types of intellectual property are copyright, patents, trademarks, and trade secrets.  Each has its own definition and method of acquisition. 

Copyright

“Copyright is an intellectual property right which gives the author/creator of a tangible work exclusive rights to sell, copy, display for public use, prepare derivative works, publish, perform, film, or record the material, as well as including or excluding others from exercising any or all of these rights. ”

Copyright is an intellectual property right which gives the author/creator of a tangible work exclusive rights to sell, copy, display for public use, prepare derivative works, publish, perform, film, or record the material, as well as including or excluding others from exercising any or all of these rights.  This includes works that are literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, audiovisual, and software-related. 

Most copyrights are valid for the creator’s lifetime, plus 70 years.  However, you do not need to register your work in order to have it protected.  Once your work is in a tangible form, you have copyright protection.  In order to sue or enforce your rights however, you need to have your copyright registered before you file the paperwork to sue.  An exception is made for salaried work, in which case the employer, not the creator, is the owner of the work the employee performs for him/her.

The Copyright Act of 1976 details the protection provided to Intellectual Property owners, as well as outlines exceptions to the rights which allow some limited fair use of materials.  In order to get a copyright, all that is necessary is to apply for registration.  From application date to receiving your copyright from the Copyright Office is typically around six to nine months.

Patents

Patents allow an inventor exclusive rights to his/her invention, which could be a design, a process, an improvement, or a physical invention.  The work can be intangible as well as tangible.  There are three subcategories of patents: utility patents, design patents, and plant patents.  Utility patents protect inventions that have a specific function, and normally expire after 20 years.  Design patents protect the way an object or product appears once it has been made and expire after 15 years.  Plant patents protect plant types that are asexually reproduced and expire after 20 years.  The details of an invention are made public, in exchange for the inventor’s opportunity to have exclusive control over the invention.  However, not until a patent is issued does an inventor have the exclusive right to it.

“Patents allow an inventor exclusive rights to his/her invention, which could be a design, a process, an improvement, or a physical invention.”

Patents must be approved by the U.S. Patent and Trademark Office. Before applying, patent practitioners may search for “prior art” in order to find out whether an invention has been previously described or detailed.  If not, a patent application may be filed.  If the Patent and Trademark Office agrees that the idea is your own, unique, and useful, a patent is awarded to protect the rights to the invention.  It usually takes at least two or three years to receive a patent.  All countries have their own different types of patent-issuing processes, however, so a U.S.-issued patent cannot be enforced in international markets, but there are laws that establish international patent rights based on claiming priority to a U.S. patent application.

Trademarks

“Trademarks are a word, slogan, phrase, symbol, or design that helps to identify and distinguish a business as a source of products or services from products or services provided by someone else.”

Trademarks are a word, slogan, phrase, symbol, or design that helps to identify and distinguish a business as a source of products or services from products or services provided by someone else.  They may be exclusively assigned to a company, meaning the company owns the trademark so that no others may use or copy it.  A trademark is therefore often associated with a company’s brand.  While “trademark” is the umbrella term, there are many subcategories within it that cover all forms of branding a company may engage in:  service marks (which identify a company’s services), trade dress (which identify the design and shape of the materials in which a product is packaged), and certification marks (which indicate a product or service that has been approved by a certifying organization or association).

Federal trademark applications are reviewed and approved by the U.S. Patent and Trademark Office.  Before applying, trademark practitioners may search the trademark database for similar marks.  If no such mark exists, then they may apply for the trademark with the Patent and Trademark Office.  There’s usually a 9-12 month processing time.  Federal trademarks need to be renewed regularly by showing continued usage, typically at 10-year intervals. 

“Trade secrets are a company’s process or practice that is not public information, which provide businesses with an economic benefit or competitive advantage. ”

Trade Secrets

Trade secrets are a company’s process or practice that is not public information, which provide businesses with an economic benefit or competitive advantage.  This competitive advantage, as well as a company taking reasonable measures on its own to guard its trade secrets, are the only legal requirements associated with trade secrets.  Trade secrets are often protected by non-disclosure agreements (NDAs).  When a party to the agreement discloses all or part of a trade secret to third parties, they may have violated the NDA and infringed upon the trade secret.

By working to protect its intellectual property with such legal means as copyrights, patents, trademarks and trade secrets, an individual or company creates an intellectual property portfolio. 

By understanding and leveraging the role that each type of intellectual property plays in its business, an intellectual property portfolio may help comprehensively protect an owner’s intellectual property from outside use or implementation. Please contact the BCR Firm if you'd like to start a conversation and learn how we can help.

Guest post by Marina Karapanos, Intern