Attorney at Law
FOR LAWYERS

Intellectual Property

What is Intellectual Property?

Intellectual property (IP) is defined as creations of the mind, such as inventions, artwork, designs, and symbols or terms used in commerce. Simply put, intellectual property is used as an umbrella term for intangible assets and types of property that are not physical in nature. The idea behind the intellectual property is that products of human intellect should be protected in a similar way that tangible, physical assets are. Many countries, including the United States, have legal measures in place to protect certain types of intellectual property. The United States acknowledges several different types of intellectual property, such as trademarks, patents, copyrights, and trade secrets.

Key Takeaways

  • The term “intellectual property” refers to intangible creations of the mind such as inventions, artwork, designs, symbols, or names.
  • United States federal law protects intellectual property rights.
  • Trademarks, patents, copyrights and trade secrets are common types of intellectual property.

Patents

A patent is a particular IP right typically granted by the United States Patent and Trademark Office (USPTO). Patents provide the inventor of a product or service with the exclusive rights to its process, design, or system. There are three main types of patents in the US: utility patents, design patents and plant patents.

Patents generally have a 20-year validity period beginning with the date the patent application was filed with the USPTO.

Copyrights

Copyright laws provide original inventors or creators with the exclusive right to use, copy or duplicate their intellectual property. Through common law copyright laws, a work does not need to be registered with the USPTO in order to qualify for copyright protection. Nonetheless, registration is highly recommended to establish a public record of ownership of the creation. 

Work created after January 1, 1978 is protected by copyright laws for the life of the creator plus an additional 70 years. Work created before 1978 is protected for up to 28 years.

Trademarks

A trademark is a recognizable image, phrase, word, or symbol that identifies a product and legally distinguishes it from similar ones. Trademark laws protect an original creator's work from infringement by competitors. A trademark is often closely associated with a company’s brand. 

Unregistered trademarks are identified by using the ™ symbol. Alternatively, trademarks registered with the USPTO use the ® symbol. After a trademark is registered, it remains valid for 10 years.

Trade Secrets

Trade secrets refer to a company’s methods, processes, or information that is not generally known to the public. Generally, US intellectual property laws protect trade secrets even if they aren't registered.

The protection of trade secrets is not limited in time. Trade secret rights may continue indefinitely as long as the information remains secret. Coca-Cola's secret formula, for example, is considered a trade secret. Since the recipe is locked in a vault, it has remained a trade secret.

Bottom Line

Intellectual property is a complex industry. IP rights and regulations differ from type to type, so keeping track of them can be difficult. If you would like to learn more about your rights as an intellectual property owner, or if you are interested in registering your creation with the USPTO, reach out to a professional intellectual property lawyer immediately.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question

Featured Intellectual Property Lawyers

The Law Offices of Scott E. Schutzman

google-logo
29 years in practice
Employment Law, Intellectual Property, Medical Malpractice, Personal Injury
View Profile

The Law Offices of Jeffrey F. Ryan

google-logo
37 years in practice
Business Law, Employment Law, Intellectual Property
View Profile

Siddiqui Law, APC

google-logo
17 years in practice
Business Law, Employment Law, Intellectual Property
View Profile

England Injury Law

google-logo
5 years in practice
Auto Accidents, Bicycle Accidents, Motorcycle Accidents, Personal Injury, Truck Accidents
View Profile

Ashley Injury Lawyers

google-logo
3 years in practice
Auto Accidents, Bicycle Accidents, Motorcycle Accidents, Personal Injury, Truck Accidents
View Profile

Divorce With a Plan

google-logo
2 years in practice
Contested Divorce, Divorce & Family Law, Divorce Law, Divorce Mediation Law
View Profile

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.

Related Posts

Trademark
Lia Kopin-GreenNovember 3, 2022
Novelty
Lia Kopin-GreenSeptember 20, 2022
Fair Use of Copyright
Lia Kopin-GreenAugust 30, 2022
Brand
Lia Kopin-GreenAugust 10, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram