What are the most common forms of intellectual property?

Intellectual property (IP) refers to innovations of the mind, such as inventions, scholarly and creative works, patterns and trademarks, names and likenesses used in trade and business. All IP is protected by the various laws existing at local, regional, national and international levels. There are laws for patents, trademarks, copyrights, service marks, trade secrets, and more.

What is a Patent?

A patent is an absolute right granted to an invention, which is a product or a method that generally provides a new way of doing something, or proposes a new specialized solution to a problem. In order to obtain a patent, methodological information about the invention must be disclosed to the public in a patent application. The process to obtain a patent is complex. If you are interested in obtaining a patent, you should first visit this website: The US Patent and Trademark Office. Once you have begun to understand this process and the associated laws, you can apply for a patent. However, keep in mind that this is a complex process and using a patent attorney would be the best option.

What are copyrights?

Copyright is a legal term used to illustrate the rights that creators have over their literary and artistic works. Creations covered by copyright range from books, music, paintings, sculptures, movies, computer programs, databases, advertisements, maps, technical drawings, and more. Copyright is not a complex IP to apply for and most people can easily fill out a form and submit their work. Be sure to visit the Online Copyright Office to learn everything you need to apply for a copyright, including fees, what to submit, etc.: US Copyright Office.

What is a brand?

A trademark is a sign that distinguishes the products or services of a company from those of other companies. Trademarks are protected by intellectual property rights. Trademark protection can be obtained through registration, by completing a registration application through the trademark office, and by paying the required fees. The website is the same as for patents.

What is a service mark?

A service mark is a mark that distinguishes between services. Companies use service marks to connect their services and differentiate them from other services in the same field. Service marks consist of letters, words, symbols, and other devices that help notify consumers of the origin or source of a particular service. Registration can be completed at the US Patent and Trademark Office.

What is a trade secret?

The Uniform Trade Secrets Act (“UTSA”) classifies a trade secret as: information, including a formula, pattern, compilation, program, device, method, technique, or process that produces independent economic value. These secrets are tangible or imminent, and are generally not easily known or discovered by others who could receive monetary value from their disclosure or use; and it is the focus of the efforts that are logical in the conditions to preserve its secrecy. There are two basic situations in which acquiring the use of a trade secret is illegal. If a trade secret is acquired through illegal means or if it is a breach of confidentiality, there is a legal basis to sue. Trade secrets can be obtained through legal means, such as private discovery, reverse engineering, and unintentional disclosure. The failure of the trade secret holder to take reasonable protective measures may allow this to occur. The misappropriation of trade secrets is considered a form of unfair competition. Reverse engineering is often restricted as found in computer programs.

What is the industrial design?

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely functional. An industrial design consists of the creation of a model, pattern or composition of a pattern or color, or the permutation of a pattern and color in a three-dimensional form that contains aesthetic value. An industrial design can be a two- or three-dimensional prototype used to produce a product, an industrial product, or a craft.

What is the commercial image?

Trade dress is a legal term of art that generally refers to the features of a product’s illustration or its packaging or building design that signify the origin of the product to consumers.

What is fair use?

Fair use is any partial copying of copyrighted material that changes the purpose, such as to comment on, disparage, or satirize a copyrighted work. Such uses may be made without the permission of the copyright owner. Fair use is a defense against a claim of copyright infringement.

Comment and Criticism

If you are commenting or criticizing a copyrighted work, a book review, or any valid review, the principles of fair use allow you to replicate part of the work to suit your purposes.

These are the most common forms of intellectual property. If you decide that something you’ve created falls into one of the categories set out in this article, then you should consider registering the work or product. Make sure that what you are registering is not the same as what someone else has already registered.