Intellectual Property Basics in 5 Minutes
by Susan Basko, esq.
Intellectual property is the name for creations of the mind that are owned by a person or company. There are four kinds of intellectual property - PATENTS, COPYRIGHTS, TRADEMARKS, AND TRADE SECRETS.
1. PATENTS. Patents are government certifications and protections given to INVENTIONS. Inventions can be physical mechanical items that do things, such as machines or gadgets. Inventions can also be computer programs or code that do things. Process patents or Method patents are about a method of doing something. Patents are difficult and expensive to get. Applying for a patent can take years. If you do not register a patent on your invention, you have no protection. Whoever registers a patent first, gets the patent. Some patents are based on prior art, which means the invention relies on and uses one or more earlier inventions. Patents can be extremely valuable and can be sold or licensed. A patent lasts 20 years from the date of filing, design patents last 14 years. After 20 years, the patent enters the public domain. This is why things such as patented medicine or gadgets become much cheaper to buy after 20 years.
The US Patent Office runs a patent assistance center, which you can read about here: https://www.uspto.gov/learning-and-resources/support-centers/inventors-assistance-center-iac
Helpful hints:
PATENTS = INVENTIONS.
1. Never send your idea or invention to a company or person unless you have a signed contract that says they will not disclose your idea and will not compete with or steal your idea.
2. If you sign a Work for Hire contract to develop an invention, you will lose ownership over your invention and will not own the patent.
3. BEFORE you sell your invention or patent to anyone, you should have a contract and have it read by a lawyer.
4. If you sell or display the things you have invented, and have not applied for a patent, anyone can steal your invention. If you apply for a patent, but have not yet received the patent, you can write "Patent Pending" and give the application number.
5. If you get a patent, don't sit on it, because it is only protected for 20 years.
2. If you sign a Work for Hire contract to develop an invention, you will lose ownership over your invention and will not own the patent.
3. BEFORE you sell your invention or patent to anyone, you should have a contract and have it read by a lawyer.
4. If you sell or display the things you have invented, and have not applied for a patent, anyone can steal your invention. If you apply for a patent, but have not yet received the patent, you can write "Patent Pending" and give the application number.
5. If you get a patent, don't sit on it, because it is only protected for 20 years.
2. COPYRIGHTS. Copyright protects creative, original works that have been set into tangible form. Tangible form means it has been written, a photo has been taken, a drawing has been made, a song has been recorded (live performance does not get a copyright), etc. Copyright does not protect ideas or things that have only been talked about. Copyright is for things like photos, visual art, creative writings, sound recordings, etc. The way to get the protections of the Copyright law is by registering copyright with the US Copyright office. Registering copyright is easy and inexpensive. Unlike patent and trademark, a copyright registration is not a certification that any part of your work has elements that have copyright. For example, things that are stock elements cannot have copyright. If you want to file a lawsuit based on copyright infringement, you must have a completed copyright registration. Copyright registration takes about 6 months to a year. If you register copyright in a timely way after creation or before the copyright is infringed, you may be eligible for statutory damages and/or attorney fees. Registering copyright brings great protections and is so affordable. Most copyright applications are done online at the US Copyright website and the items to be registered are uploaded as digital files. For example, if you are registering photographs, you upload jpeg files, and if you are registering writing, you will upload one of the acceptable types of word files. For example, the Copyright office accepts certain screenwriting file formats, if you want to register copyright on a screenplay you have written.
Copyrights last for the life of the author plus 70 years. There are other past rules about how long a copyright lasts, but this is the basic rule for things created since 1978. Copyrights are extremely valuable because they protect the right to copy a creative work. Owning copyrights on desirable creative works can support the author or creator for their lifetime, and then support their family for 70 years after that.
Copyrights can be difficult and expensive to protect. Many people stop infringing on a copyright just by being told they are infringing and being asked to stop. If you need to file a lawsuit to stop someone from infringing, there is a 3 year statute of limitations -- a time limit. The copyright must be fully registered before any such lawsuit can be filed, and keep in mind, the registration usually takes at least months.
Helpful hints:
COPYRIGHTS ARE FOR CREATIVE ORIGINAL WORKS IN TANGIBLE FORM.
COPYRIGHTS PROTECT THE RIGHT TO COPY.
COPYRIGHT - RIGHT TO COPY.
1. Register copyright on any creative works you plan to sell, display, or license. Group registrations are available on multiple units of the same type of work by the same author with the same copyright owner -- such as multiple photographs, song lyrics, short stories, etc.
2. iF YOU sign a contract to make something as a Work for Hire, you are giving up the copyright and will not own any rights over the work.
3. Before you sign over any copyrights to anyone, have a lawyer advise you.
3. TRADEMARKS. Trademarks are words or marks (such as logos, symbols, etc) that are used to denote the source of a specific good or service. Trademark law and rules are extremely complex. A trademark is difficult and somewhat expensive to get and keep. A trademark is an extremely valuable and useful asset. You have to use a trademark to keep it. Trademark is registered with the US Trademark Office using an online application. The application process usually takes about a year to two years, and can be very complex. Most trademark applications fail or are abandoned during the application process. One a trademark registration is granted, it must be renewed after 5 years, and then again after 10 years. Then the trademark can become permanently yours, as long as you keep using it and keep others from using it. It can be time consuming and expensive to protect a trademark.
Helpful hints:
TRADEMARK = A MARK THAT DENOTES A GOOD OR SERVICE
1. Do not use an online service or a do-it-yourself to file a trademark registration. Have a lawyer first advise you on the likelihood of success on a trademark registration, and then, if the likelihood seems good, have the lawyer apply to register the trademark.
2. Trademark law is very complex. The situation is set up so that if another person or company objects to your trademark application, this can result in a challenge at the trademark office or a lawsuit. This makes it crucial to know the likelihood of success beforehand and know what you could be getting into.
3. A registered trademark can be an extremely valuable asset and can be used as loan collateral.
4. TRADE SECRETS. Trade secrets are, by far, the biggest form of intellectual property and the most valuable. Trade secrets are what make a company work. Trade secrets are the information, data, processes, customer lists, etc. Your business or company must keep its trade secrets a secret by keeping these items out of the reach of and away from the eyes of anyone that could steal them. The standard is that trade secrets are literally to be kept under lock and key. Employees and partners should have a nondisclosure agreement and/or a handbook, but even without that, they owe a duty of loyalty and nondisclosure. Theft of trade secrets can be a crime. If you have a business, you should read up on how to protect your trade secrets.
Helpful hints:
TRADE SECRETS MUST BE KEPT SECRET.
There ya have it -- INTELLECTUAL PROPERTY in under 5 minutes.