Have you created an original work? You may want to protect your rights. Intellectual property law protects creative works from being pirated. There are four basic categories of intellectual property: copyrights, patents, trademarks and trade secrets. Each category is used with different types of material and affords different protections.
Copyrights
Copyrights are forms of intellectual property that protect certain original works. Copyright law gives the author or owner of a work multiple rights. Some examples include:
- The right to control reproduction
- The right to distribution
- The right to adaptation
- The right to public performance
- The right to public display
- The right to translate into other languages or other media
Examples of works covered by copyrights include:
- Novels
- Plays
- Songs
- Poems
- Computer software
- Paintings
- Photographs
There are certain works that aren't covered by copyrights. Examples include:
- Ideas
- Facts
- Business names
- Book titles
Copyrights arise when the work has been created. No application or registration is necessary. The work may be registered with the US Copyright Office. One reason for choosing to register the work is to enforce it in court. Copyright applications are fairly simple. They only require minimum effort and a modest fee. Copyrights generally last for 70 years after the author's death.
Patents
A patent is an exclusive right to new and useful machines, articles, substances or processes. It gives the inventor the right to stop others from using, making and selling the invention without permission. A violation of this right is called infringement.
Inventors must apply to the federal government to receive a patent. If the patent is granted, the government publishes a full description of the invention and its use. The patent usually lasts for 20 years from the date the application is filed.
Trademarks
A trademark is an identifying mark that distinguishes goods or services. To be a trademark, the mark must be identified in the minds of consumers with a particular source of a good or service. The primary purpose of trademarking is to prevent consumer confusion over the origin of the products. Many things can be considered trademarks, including:
- Words
- Phrases
- Names
- Symbols
- Logos
- Graphic designs
- Distinct sounds and smells
You can first check to see if your mark or a similar one has been registered already. The US Patent and Trademark Office (USPTO) has a database that contains registered trademarks. You can file a registration application with the USPTO online if your mark is available. An examiner will conduct a thorough review of existing marks. If no identical or similar marks exists, your application is approved. Trademarks can be renewed forever as long as they're being used in commerce.
Trade Secrets
Trade secrets can be any type of information that's generally not known. They give the possessor an advantage in the marketplace. Examples of trade secrets include:
- Chemical formulas
- Business plans
- Customer lists
- Industrial processes
Most businesses have some type of trade secret they don't want their competitors to find out. They must take reasonable precautions in protecting this information. Requiring passwords and restricting access are just a couple of ways of protecting trade secrets.
Businesses are particularly concerned when employees leave the company. They can go to other companies and share the secret information they learned. Many employers require employees to sign non-disclosure contracts. Non-compete contracts may also be used to prevent former employees from working for competitors for a certain amount of time.
Questions for Your Attorney
- How much time does it take to register a patent or a trademark?
- What are the advantages of registering my intellectual property?
- How long can a business prevent a former employee from working for a competitor?