Patents, Trademarks, and Copyrights: A Primer

Intellectual property is becoming increasingly important in the digital economy. We often hear terms like patent protection, trademark, and copyright used frequently – but do they really mean? Let’s start with the basics.

What is Intellectual Property?

Before we can discuss patents, trademarks, and copyrights, we need to understand what they protect: Intellectual property. Intellectual property can include written or recorded work, paintings, drawings, plans, inventions, designs, or similar original creations.

What’s a Copyright?

A copyright is a form of protection provided to authors of original works. Typically, this includes literary, dramatic, musical, and artistic pieces. It can also include software, and similar works. This protection includes the exclusive right to reproduce, distribute, display, or prepare derivative the intellectual property in question.

The length of time a copyright grants protection can depend on a variety of factors. The best way to learn more about copyright protection, visit the U.S. Copyright Office.

What’s a Trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Another type of trademark is a service mark. This is a word, phrase, symbol, or design that identifies the source of a service rather than goods. This may include brand names, slogans, or logos.

Trademarks do not expire, but they do need to meet the requirements of “actual use.” For more information about trademarks, visit the U.S. Patent & Trademark Office.

What’s a Patent?

A patent is different from a trademark or copyright. A patent is a limited duration property right relating to an invention. It is grated through the United States Patent and Trademark Office in exchange for public disclosure of the invention.

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There are two types of patents. A design patent is good for 15 years from issuance. A Utility patent is good for 20 years from the date on which the patent was filed. For more information about Patents, visit the U.S. Patent & Trademark Office.

It is always a good idea to consult a qualified attorney when determining the best protection avenue for your work or invention.