What types of intellectual property can be protected under US law?

Types of Intellectual Property Protection

Under US law, several types of intellectual property can be protected, including patents, trademarks, copyrights, and trade secrets.

Patents

Patents protect innovative inventions or discoveries, granting the inventor exclusive rights to make, use, and sell the invention for a period of 20 years from the date of the patent application. To be eligible for a patent, an invention must be novel, non-obvious, and useful.

Trademarks

Trademarks protect distinctive words, phrases, designs, symbols, or logos used to identify and distinguish the goods or services of one company from those of others. Trademark protection allows the owner to prevent others from using similar marks in a way that could confuse consumers. Trademarks can be registered with the US Patent and Trademark Office or obtain common law protection through continued use and recognition in the marketplace.

Copyrights

Copyrights protect original works of authorship, such as literary, artistic, musical, or photographic works, giving the creator the exclusive right to reproduce, distribute, display, and perform the work in public. Copyright protection lasts for the life of the author plus 70 years.

Trade Secrets

Trade secrets protect confidential information, such as formulas, processes, and methods, that gives a business a competitive advantage. Trade secret protection arises from the obligation of those with access to such information to maintain its confidentiality. This type of intellectual property protection does not require registration, but it can be enforced through legal action against those who unlawfully disclose or use the protected information.

Limitations and exceptions to intellectual property protection include fair use and the first sale doctrine. Fair use permits certain limited use of copyrighted material without the permission of the owner, such as for purposes of criticism, comment, news reporting, teaching, scholarship, or research. The first sale doctrine permits the resale of a legally acquired copyrighted work, such as a book or record, without permission from the copyright owner.

If you are interested in protecting your intellectual property, it is important to consult with a licensed attorney who can advise you on the best methods for protection and the specific requirements for each type of intellectual property.