| Providing Legal Services Relating to the Acquisition, Maintenance and Protection of Intellectual Property |
What is intellectual property?
"Intellectual property" is comprised of patents, trademarks, copyrights and trade secrets. All
are protectable assets representing the end result of human creativity, such as an invention,
expression, unique name, artistic work, formula or other creative embodiment. Similar to
tangible property that you may own like an automobile or home, intellectual property may
have value in the marketplace, thus requiring documentation and protection to prevent
others from unlawfully taking or misusing it.
Patents
A patent gives its owner the right to preclude others from making, using, selling or offering to
sell the protected invention for a period of time set by the United States Patent and
Trademark Office. One may obtain two types of patents - a utility patent or a design patent.
A utility patent, which has a term of 20 years from the filing date of the related application,
protects articles of manufacture, processes, compositions of matter, business methods, and
improvements thereof. For example, Thomas Edison received a patent for the phonograph
in 1878.
A design patent, which has a term of 14 years from the patent's issue date, protects the
aesthetic or ornamental nonfunctional features of a product. For example, the shape of a
drinking glass may be protected by a design patent.
Trademarks
A trademark protect words, names, symbols, sounds, or colors that distinguish goods and
services from others in the marketplace. One may register a trademark with the state in
which one resides and/or with the United States Patent and Trademark Office. The term of a
federal trademark registration is 10 years and is renewable for like terms. The sound of the
NBC chimes, the pink color of Owens-Corning insulation and the symbol of McDonald's
golden arches are all familiar federally registered trademarks.
However, because trademark rights are conferred by use of the mark, one may obtain
common law rights through use of the mark without federal or state registration. Such
trademark rights, with or without registration, allow the trademark owner to prevent others
from using a confusingly similar mark without the owner's permission.
Copyrights
A copyright protect works of authorship such as books (i.e. Gone With The Wind), written
and recorded music, video games, photographs and sculpture. The Library of Congress
registers copyrights, which last for the life of the author plus 70 years. A copyright holder
can exclude others from publishing or copying his or her works without permission or license
to do so.
Trade Secrets
A trade secret protects private knowledge that gives its owner a competitive business
advantage over competitors. Examples of trade secrets include manufacturing processes,
client listings and formulas (i.e. the formula for Coca-Cola). A trade secret owner must make
substantial efforts to keep the protected knowledge secret or risk losing associated rights. A
trade secret has no term limit and may last as long as the secret is kept.
"Intellectual property" is comprised of patents, trademarks, copyrights and trade secrets. All
are protectable assets representing the end result of human creativity, such as an invention,
expression, unique name, artistic work, formula or other creative embodiment. Similar to
tangible property that you may own like an automobile or home, intellectual property may
have value in the marketplace, thus requiring documentation and protection to prevent
others from unlawfully taking or misusing it.
Patents
A patent gives its owner the right to preclude others from making, using, selling or offering to
sell the protected invention for a period of time set by the United States Patent and
Trademark Office. One may obtain two types of patents - a utility patent or a design patent.
A utility patent, which has a term of 20 years from the filing date of the related application,
protects articles of manufacture, processes, compositions of matter, business methods, and
improvements thereof. For example, Thomas Edison received a patent for the phonograph
in 1878.
A design patent, which has a term of 14 years from the patent's issue date, protects the
aesthetic or ornamental nonfunctional features of a product. For example, the shape of a
drinking glass may be protected by a design patent.
Trademarks
A trademark protect words, names, symbols, sounds, or colors that distinguish goods and
services from others in the marketplace. One may register a trademark with the state in
which one resides and/or with the United States Patent and Trademark Office. The term of a
federal trademark registration is 10 years and is renewable for like terms. The sound of the
NBC chimes, the pink color of Owens-Corning insulation and the symbol of McDonald's
golden arches are all familiar federally registered trademarks.
However, because trademark rights are conferred by use of the mark, one may obtain
common law rights through use of the mark without federal or state registration. Such
trademark rights, with or without registration, allow the trademark owner to prevent others
from using a confusingly similar mark without the owner's permission.
Copyrights
A copyright protect works of authorship such as books (i.e. Gone With The Wind), written
and recorded music, video games, photographs and sculpture. The Library of Congress
registers copyrights, which last for the life of the author plus 70 years. A copyright holder
can exclude others from publishing or copying his or her works without permission or license
to do so.
Trade Secrets
A trade secret protects private knowledge that gives its owner a competitive business
advantage over competitors. Examples of trade secrets include manufacturing processes,
client listings and formulas (i.e. the formula for Coca-Cola). A trade secret owner must make
substantial efforts to keep the protected knowledge secret or risk losing associated rights. A
trade secret has no term limit and may last as long as the secret is kept.
| SUMMARIZED COMPARISON OF U.S. INTELLECTUAL PROPERTY RIGHTS |
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| DAVID A. GOTTARDO, ATTORNEY AT LAW Patents, Trademarks, Copyrights & Other Intellectual Property Matters Oak Park, IL & Racine, WI |