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Is It A Patent?

Wednesday, February 24, 2010 1:23 pm

“Intellectual Property” is the big umbrella term used to describe Patents, Copyrights, Trademarks and Trade Secrets. Because the general public uses the term “patent” when referring to all legal rights for inventions and creations, this blog provides a quick frame reference to the many types of “Intellectual Property.” So consider the following as just a starting point.

PATENTS:
UTILITY – Most patents fall into this category with protection centered around how the invention is made and works. Utility inventions are mostly mechanical, electrical or chemical. Term is 20 years from patent filing.

DESIGN – Patents that protect an invention’s shape or its ornamental design are in this category. Examples are athletic shoes’ uppers and treads. Term is 14 years from the date the patent is awarded which is different from a utility patent.

PLANT – Asexually reproduced and newly discovered botanicals are in this patent category. Vegetables, fruits, flowers and fauna dominate the classification. The term is 20 years from patent filing just like a utility.

PROVISIONAL – This is not an actual patent, but rather, a 1 year pre-utility filing used to protect an invention while finishing, testing, or marketing it.

PATENT PENDING – A “patent pending” notice provides no protection other than to place others on notice that a patent has been filed and that the inventor intends to enforce all future rights.

COPYRIGHTS:
GENERAL INFORMATION – Copyrights give the Author exclusive rights to copy, distribute and adapt their work. Copyrights are generally valid for the Author’s lifetime plus 70 years, or 95 years from publication, or 120 years from creation, whichever is shorter, for works “for hire.”

TEXT (TX) – protects the written word such as books and game instructions.

VISIUAL ARTS (VA) – protects paintings, sculptures and jewelry designs.

PERFORMANCE ARTS (PA) – protects movies, stage plays and videos.

SOUND RECORDING (SR) – protects music and spoken word recordings.

OTHERS – the previous four copyrights are the most common; however, other copyrights exist for various unique forms of authorship.


TRADEMARKS:
A trademark protects a unique name, word, slogan, sign, or logo that identifies the source of goods or services sold in interstate commerce by an individual, business, or other legal entity. A Trademark can remain in force as long as the product or service is in commerce.
WORD MARK – protects a product name or slogan like Kodak.

LOGO MARK – protects a company logo, a symbol or a design such as the popular Nike “swoosh.”
SERVICE MARK – protects a service to be rendered rather than a product.


TRADE SECRETS:
Trade Secrets attempt to protect a formula, recipe, process, compilation of information or other creatives strictly through secrecy. No government filing is performed. Typically, Non-Disclosure Agreements between individuals or business entities are used and enforced by various state and federal statutes. The formula for Coca Cola is often used as a Trade Secret example. The formula has remained a secret for over a hundred years; whereas, if a utility patent had been filed, the formula would be public information reducing the commercial value.


Now you know the basics, in reality, the very basic basics. It’s a good starting point. There is so much more to know. Before filing anything or making anything public, do your homework and consult a reputable professional.

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