Intellectual Property
Intellectual Property
Intellectual Property
1. Copyrights
Copyrights protect original works of authorship, such as literature, music, artistic
works, and computer software. As the holder of a copyright, you have the
exclusive right to reproduce, adapt, and distribute the work. A copyright exists
from the moment the work is created, so registration is voluntary.
2. Patents
A patent grants property rights on inventions, allowing the patent holder to exclude
others from making, selling or using the invention.
There are 3 types of patents: utility, design and plant. A utility patent is the most
common type, and it covers any process, machine, article of manufacture, or
composition of matter, or any new and useful improvements thereof.
To qualify for a utility patent, the invention must be novel, non-obvious, and have
some usefulness.
A design patent covers any new, original, and ornamental design for an article of
manufacture, while a plant patent covers any new variety of asexually-produced
plant. A design patent lasts 14 years, and a utility or plant patent lasts 20 years.
3. Trademarks
A trademark is a word, phrase, symbol, or design that distinguishes the source of
the goods of one business from its competitors. For example, the Nike "swoosh"
design identifies shoes that are made by Nike.
Although rights in trademarks are acquired by use, so before registering your
trademark, you should conduct a search of federal and state databases to ensure a
similar trademark doesn't already exist.
To apply, you must have a clear representation of the mark, as well as an
identification of the class of goods or services to which the mark will apply.
4. Trade Secrets:
A trade secret is a formula, process, device, or other business information that
companies keep secret to give them an advantage over their competitors.
Examples of trade secrets are: soda formulas, customer lists, survey results, and
computer algorithms. Unlike the other types of intellectual property, you can't
obtain protection by registering your trade secret. Instead, protection lasts only as
long as you take the necessary steps to control disclosure and use of the
information.
Businesses use non-disclosure agreements, restricted access to confidential
information, post-employment restrictive covenants, and other security practices to
maintain trade secrets.