– Utility patents (protect functional inventions)
– Design patents (protect ornamental designs)
– Plant patents (protect new plant varieties)
Patent protection provides:
– Exclusive rights to your invention
– Ability to prevent others from making, using, or selling your invention
– Increased business valuation and investment potential
– Licensing or sale opportunities
– Utility patents: 20 years from filing date
– Design patents: 15 years from issuance
– Plant patents: 20 years from filing date
Without a patent, others may freely use, sell, or copy your invention. Trade secret protection may apply, but it requires maintaining strict confidentiality.
– Abstract ideas, natural phenomena, and laws of nature
– Inventions that are not novel or are obvious
– Non-useful or immoral inventions
Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without the patent owner’s authorization.
Patent owners are responsible for enforcing their rights, often through:
– Licensing negotiations
– Cease-and-desist letters
– Federal court litigation
Yes. Patents are assets that can be sold, assigned, or licensed, generating revenue and enabling collaborations.
– Provisional applications: establish an early filing date but do not mature into a patent unless followed by a non-provisional application.
– Non-provisional applications: undergo USPTO examination and can result in a granted patent.
– Brand names (e.g., company or product names)
– Logos and symbols
– Slogans and taglines
– Certain colors, sounds, or product packaging (trade dress), if distinctive
– Generic terms (e.g., “computer” for computers)
– Descriptive terms without acquired distinctiveness
– Deceptive or misleading marks
– Marks that are confusingly similar to existing registered marks
Federal registration with the U.S. Patent and Trademark Office (USPTO) provides:
– Nationwide legal protection and presumption of ownership
– Ability to use ® symbol
– Right to bring trademark infringement lawsuits in federal court
– Potential to block counterfeit goods through U.S. Customs
– Enhanced value for licensing or sale of the brand
Indefinitely, so long as the mark is actively used in commerce and the owner files the required maintenance documents with the USPTO (at regular intervals after registration).
Trademark owners must:
– Continue to use the mark in commerce
– File maintenance documents (e.g., Declarations of Use and Renewals) at set deadlines
– Monitor and enforce rights against infringement
Infringement occurs when another party uses a mark that is confusingly similar to a registered trademark in a way that may cause consumer confusion about the source of goods or services.
Trademark owners are responsible for policing their marks. Enforcement may involve:
– Sending cease-and-desist letters
– Negotiating settlements or licensing agreements
– Filing administrative actions or lawsuits
– ™ – Indicates a claim of rights in a trademark (used for goods, even if unregistered)
– ℠ – Indicates a claim of rights in a service mark (used for services, even if unregistered)
– ® – May only be used after federal registration is granted
Yes. Trademarks are valuable business assets that can be sold, assigned, or licensed, often as part of broader business transactions or brand expansions.
– Books, articles, and written works
– Music, sound recordings, and lyrics
– Artwork, photographs, and graphics
– Films, television shows, and video content
– Computer software and code
– Architectural works
– Ideas, procedures, or methods
– Facts or data
– Titles, names, short phrases, or slogans
– Works not fixed in a tangible form (e.g., an improvised speech not recorded)
Although copyright protection arises automatically upon creation of a work, federal registration with the U.S. Copyright Office provides:
– Public record of ownership
– Ability to bring a lawsuit for infringement
– Eligibility for statutory damages and attorney’s fees
– Stronger protection when enforcing rights
Yes. Copyright protection exists automatically once an original work is fixed in a tangible medium. However, registration provides significant additional benefits, particularly for enforcement.
– Works created on or after January 1, 1978: life of the author plus 70 years
– Works made for hire, anonymous, or pseudonymous works: 95 years from publication or 120 years from creation, whichever is shorter
Infringement occurs when someone uses, reproduces, distributes, or publicly displays a copyrighted work without authorization, in violation of the owner’s exclusive rights.
Copyright owners may enforce their rights through:
– Cease-and-desist letters
– Licensing negotiations
– Federal lawsuits, if the work is registered
– Requests to online platforms to remove infringing content
Fair use is a legal doctrine that allows limited use of copyrighted works without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Determining fair use depends on factors such as the purpose, nature, amount used, and effect on the market.
Yes. Copyrights are intellectual property assets that can be sold, transferred, or licensed, providing opportunities for revenue and creative partnerships.
A trade secret is information that derives independent economic value from not being generally known or readily ascertainable, and is subject to reasonable efforts to maintain its secrecy.
– Formulas and recipes
– Manufacturing processes and techniques
– Customer lists and business strategies
– Software algorithms and source code
– Confidential research and development data
– Information that is publicly available or easily discovered
– General knowledge or skills an employee gains through experience
– Information disclosed without confidentiality protections
Trade secret protection can last indefinitely, as long as the information remains secret and the owner takes reasonable steps to protect it.
– Using confidentiality agreements (NDAs)
– Restricting access to sensitive information
– Implementing data security and physical safeguards
– Employee training and policies on confidentiality
Trade secret protection may be preferable when:
– The information cannot be easily reverse-engineered
– Long-term secrecy provides more value than a limited patent term
– The cost and disclosure of a patent are undesirable
Misappropriation occurs when a trade secret is acquired, disclosed, or used without consent through improper means, such as theft, bribery, misrepresentation, or breach of a duty to maintain secrecy.
Owners can enforce rights through:
– Civil lawsuits under state or federal trade secret laws
– Seeking injunctions to stop further use or disclosure
– Pursuing damages for economic harm caused by misappropriation
No. Unlike patents, trademarks, and copyrights, there is no government registration system for trade secrets. Protection arises from maintaining secrecy and enforcing rights against misappropriation.
Yes. Trade secrets may be transferred, sold, or licensed, provided the parties use agreements that preserve confidentiality and prevent unauthorized disclosure.