When a business or an individual has an idea that they want to protect from being used by others without their permission, it is best to seek legal protection of that intellectual property.
So what are the different types of intellectual property, and how can an owner protect their rights?
Today we look at the main types of intellectual property (IP), as well as the rights its owner holds. To ensure you secure the necessary protection for your intellectual property, seek assistance from a member of the experienced team at BrewerLong.
In the meantime, read on to learn more about the 4 types of intellectual property protections and the steps needed to safeguard your creations.
Four Types of Intellectual Property Protections
There are four types of intellectual property rights and protections. Securing the correct protection for your property is important, which is why consulting with a lawyer is a must. The four categories of intellectual property protections include the following.
Trade Secrets
Trade secrets refer to specific, private information that is important to a business because it gives the business a competitive advantage in its marketplace. If a trade secret is acquired by another company, it could harm the original holder.
Examples of trade secrets include recipes for certain foods and beverages (like Mrs. Fields’ cookies or Sprite), new inventions, software, processes, and even different marketing strategies.
When a person or business holds a trade secret protection, others cannot copy or steal the idea. In order to establish information as a “trade secret,” and to incur the legal protections associated with trade secrets, businesses must actively behave in a manner that demonstrates their desire to protect the information.
Trade secrets are protected without official registration; however, an owner of a trade secret whose rights are breached–i.e. someone steals their trade secret–may ask a court to ask against that individual and prevent them from using the trade secret.
To safeguard trade secrets, businesses often implement several protective measures, such as:
- Non-disclosure agreements (NDAs)—NDAs are legal contracts that prevent employees and business partners from revealing sensitive information;
- Restricted access—parties can also limit access to confidential information to only those who need to know;
- Employee training—businesses can and should educate their staff about the importance of protecting trade secrets and the legal consequences of violations; and
- Data encryption—businesses can use advanced encryption methods to protect digital information from unauthorized access.
By employing these strategies, businesses can strengthen the protection of their trade secrets and reduce the risk of misappropriation.
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Patents
As defined by the U.S. Patent and Trademark Office (USPTO), a patent is a type of limited-duration protection that can be used to protect inventions (or discoveries) that are new, non-obvious, and useful, such a new process, machine, article of manufacture, or composition of matter.
When a property owner holds a patent, others are prevented, under law, from offering for sale, making, or using the product.
Patents grant the holder exclusive rights to their invention for a specified period, typically 20 years from the filing date of the application. During this time, the patent owner has the sole authority to use the patented invention and can take legal action against anyone who infringes on these rights. The patent owner can also license the patent to others, allowing them to use the invention in exchange for royalties or other compensation.
The key rights granted by a patent include:
• Exclusivity—the patent holder can prevent others from manufacturing, using, selling, or importing the patented invention without permission;
• Monetization—the patent holder can license the invention to third parties or sell the patent rights for financial gain;
• Legal protection—if someone infringes on the patent, the patent holder can sue for damages, providing a legal remedy to protect the invention; and
• Innovation encouragement—patents encourage innovation by providing inventors with the confidence that they can legally protect their work.
By securing a patent, inventors can maximize the commercial potential of their innovations and maintain a competitive edge in the marketplace.
Copyrights
Copyrights and patents are different, although they often need clarification. A copyright is a type of intellectual property protection that protects original works of authorship, which might include literary works, music, art, and more. Today, copyrights also protect computer software and architecture.
Copyright protections are automatic; once you create something, it is yours. However, if your rights under copyright protections are infringed and you wish to file a lawsuit, then registration of your copyright will be necessary.
To file a copyright with the appropriate agency, you must submit an application to the U.S. Copyright Office, either online or via mail. The application process involves completing a registration form, paying a fee, and submitting a copy of the work to be registered.
A copyright grants its creator exclusive rights to use and distribute their creation, ensuring they can control how it is used and benefit financially from it. These rights typically last for the life of the author plus 70 years, providing long-term protection and the potential for ongoing revenue generation through licensing and sales.
If you are the copyright holder, the key rights the law grants include:
- Reproduction—you can reproduce the work in any format, ensuring control over copies;
- Distribution—you can distribute copies of the work to the public by sale, rental, lease, or lending.
- Public performance—you can control the work’s public performance, such as in concerts, plays, or broadcasts;
- Public display—you can display the work publicly, whether in galleries, museums, or online platforms; and
- Derivative works—you can create and authorize others to create derivative works based on the original, such as adaptations or translations.
By securing these rights, copyright law provides you with the ability to safeguard your intellectual property, ensuring you receive recognition and compensation for your original works.
Trademarks
Finally, the fourth type of intellectual property protection is a trademark protection. Remember, patents are used to protect inventions and discoveries and copyrights are used to protect expressions of ideas and creations, like art and writing.
Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of one party from another. For example, the Nike symbol–which nearly all could easily recognize and identify–is a type of trademark.
While patents and copyrights can expire, trademark rights come from the use of the trademark, and therefore can be held indefinitely. Like a copyright, registration of a trademark is not required, but registering can offer additional advantages.
How Can an Intellectual Property Attorney Help?
An Orlando intellectual property attorney like those at BrewerLong can help protect your rights by providing expert guidance on securing patents, trademarks, copyrights, and trade secrets. They assist in filing applications with the appropriate agencies, ensuring that you meet all legal requirements.
IP attorneys also offer strategic advice on how to best utilize and enforce your IP rights, helping to prevent infringement and unauthorized use. In case of disputes, they represent you in negotiations or litigation.
By working with an IP attorney, you can effectively safeguard your valuable intellectual assets and maximize their commercial potential.
Consult with an Intellectual Property Attorney to Learn More
Understanding the different types of intellectual property and the four categories of intellectual property protections can be confusing, and actually registering for those protections can be overwhelming. Indeed, businesses often have more to worry about that the particulars of a patent or other intellectual property protection requirement.
When you call our intellectual property attorneys at the offices of BrewerLong, we will handle all of the elements associated with your intellectual property protection, ranging from identifying the type of intellectual property protection you need to be managing all documentation and paperwork to secure that protection.
We can also help your business to take action if you believe that another party has breached your intellectual property rights.
To schedule a consultation with our lawyers, please call us directly or send us a message. Our Florida business lawyers are ready to start advising your business on its intellectual property rights today.
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