What types of intellectual property can be protected by law?
As an AI language model, I cannot provide legal advice nor create legal documents. However, I can provide general information about types of intellectual property that can be protected by law in the US, subject to potential limitations and exceptions.
What is Intellectual Property (IP)?
Intellectual property (IP) refers to creations of the mind, like inventions, literary and artistic works, symbols, names, images, and designs, used in commerce. IP can be protected by various laws, including:
- Patents: granted by the U.S. Patent and Trademark Office (USPTO) to inventors who create new, useful, and non-obvious processes, machines, manufactures, or compositions of matter, or improvements thereof. Patents give the owner the exclusive right to prevent others from making, selling, using, or importing the claimed invention for a limited time, usually 20 years from the date of filing the patent application, subject to payment of maintenance fees.
- Copyrights: provided by federal law to authors of original works of authorship, such as literary, musical, and dramatic works, pictorial, graphic, and sculptural works, sound recordings, and architectural works. Copyrights give the owner the exclusive right to reproduce, distribute, display, perform, and create derivative works based on the original work for a duration of the author's life plus 70 years, or a shorter term for some works made for hire.
- Trademarks: protected by federal and state law to identify and distinguish the source of goods or services provided by a person or company from those of others. Trademarks can include words, phrases, symbols, logos, and sounds, as well as trade dress (e.g., packaging or design) and trade secrets (e.g., confidential information that gives a competitive advantage). Trademarks can be registered with the USPTO, which provides additional benefits and protections, or used without registration if they meet certain requirements.
- Trade secrets: kept confidential by employers or owners to derive economic value from business information that is not generally known or readily discoverable by others who could benefit from it. Trade secrets can include formulas, processes, designs, patterns, compilations, programs, devices, methods, techniques, or customer lists. Trade secrets can be protected by contract (e.g., Non-Disclosure Agreements), state law (e.g., Uniform Trade Secrets Act), or federal law (e.g., Economic Espionage Act).
- Industrial designs: protected by the Design Patent Act, to cover new, original, and ornamental designs for articles of manufacture. The USPTO examines applications for design patents to ensure that they meet the legal requirements, such as being non-functional, novel, and non-obvious. Design patents give the owner the exclusive right to prevent others from making, using, or selling any article of manufacture to which the design has been applied, for a term of 15 years from the grant of the patent.
These types of IP can be subject to limitations and exceptions, such as fair use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, or the use of trademarks in comparative advertising. In some cases, there may be disputes over the ownership, validity, infringement, or licensing of IP, which may require legal action to be resolved.
If you have any questions or concerns about intellectual property protection and enforcement, you should consult a qualified attorney who specializes in this area of law for advice and representation.