What is Intellectual Property?

Intellectual Property is the rights given to the creator over the

use of their creation for a period of time. Intellectual Property
protects the original pieces of work, such as literary or artistic
works, inventions, company names, or designs. It legally
protects the creation from outside use or exertion without
consent.

Patents, Trademarks, and

Copyrights:
KEY TAKEAWAYS

 A patent is a property right issued by a government authority allowing

the holder exclusive rights to the invention for a certain period of time.
 There are three types of patents: utility patents, plant patents, and
design patents.
 A trademark is a word, symbol, design, or phrase that denotes a
specific product and differentiates it from similar products.
 Copyrights protect “original works of authorship,” such as writings, art,
architecture, and music.

What Is a Patent?
Patents: A patent is a property right that protects inventions and ideas
typically granted by a government agency, such as the US Patent and
Trademark Office (USPTO). The patent will allow the creator exclusive
rights to his invention. To receive this patent, an examiner from the
USPTO determines if the invention has previously not been created.

A patent safeguards an original invention. The inventor hands over

comprehensible details about its process, design, or invention to a sovereign
authority and is granted exclusive rights to it for a specified period of time.1

By granting the right to produce a product without fear of competition for the
duration of the patent, an incentive is provided for companies or individuals to
continue developing innovative new products or services.
Types of Patent
What Are the 3 Types of Patents?
The three types of patents are design, utility, and plant. Utility patents are for
new discoveries, compositions of matter, machines, or processes. Plant
patents are for anyone that discovers or develops and asexually reproduces
a new variety of plant. A design patent is for anyone that creates a new,
original, and ornamental design.3

Utility Patent
A utility patent covers the creation of a new or improved product, process, or
machine. Also known as a “patent for invention,” it bars other individuals or
companies from making, using, or selling the creation without consent.

While most people associate patents with machines and appliances, they can
also apply to software, business processes, and chemical formulations such
as in pharmaceutical products. Utility patents are the most common form of
patent.

Plant Patent
A plant patent protects a new and unique plant’s key characteristics from
being copied, sold, or used by others. It is also good for up to 20 years after
the application is filed.4

To qualify, the plant must be asexually reproducible with reproduction

being genetically identical to the original and performed through methods
such as root cuttings, bulbs, division, or grafting and budding. Plant patents
are not subject to maintenance fees.4

Design Patent
A design patent applies to the unique look of a manufactured item. Take, for
example, an automobile with a distinctive hood or headlight shape. These
visual elements are part of the car’s identity and may add to its value;
however, without protecting these components with a patent, competitors
could potentially copy them without legal consequences.4

3.5 million
The total number of patents issued worldwide in 2022.5
What Is a Trademark?
Trademarks: A trademark is a symbol that helps identify and legally
distinguish a product from other products. It is specifically assigned
to a company, meaning that the company is the only one that owns it.
What Is Included in a Trademark?
A trademark includes words, phrases, designs, or any combination of these
that particularly identify a good or service.
Unlike patents, a trademark protects words and design elements that identify
the source of a product. Brand names and corporate logos are primary
examples. A service mark is similar, except that it safeguards the provider of
a service instead of a tangible good. The term “trademark” is often used in
reference to both designations.6

Some examples of trademark infringement are fairly straightforward. You’ll

probably run into trouble if you bottle a beverage and call it Coca-Cola or
even use the famous wave from its logo since both have been protected for
decades.

However, a trademark actually goes a bit further, prohibiting any marks that
have a “likelihood of confusion” with an existing one. Therefore, a business
can’t use a symbol or brand name if it looks similar, sounds similar, or has a
similar meaning to one that’s already on the books, at least if the products or
services are related. If the trademark holder believes there’s a violation of
these rights, it may decide to sue.78

Trademarks never expire and are usually denoted by the ® symbol if they are
registered and the ™ symbol if they are not.9

A trademark does not necessarily need to be registered for the owner to

prevent others from using it or a confusingly similar mark. However, going
down this route generally makes it easier to safeguard them.10

What Is a Copyright?
Copyrights: Copyrights are provided to creators of original works with
exclusive rights on how other people can use them. It states that the
original creators can grant anyone authorization through a licensing
agreement
Copyrights protect “original works of authorship,” such as writings, art,
architecture, and music. For as long as the copyright is in effect, the copyright
owner has the sole right to display, share, perform, or license the material.12

One notable exception is the “fair use” doctrine, which allows some degree of
distribution of copyrighted material for scholarly, educational, or news-
reporting purposes.13
Technically, you don’t have to file for a copyright to have the piece of work
protected. It’s considered yours once your ideas are translated into a tangible
form, such as a book, music, or published research; however, officially
registering with the copyright office before—or within five years of—
publishing your work makes it a lot easier to establish that you were the
original author if you or your patent attorney ever have to go to court.14

You don't have to register a trademark or copyright with the relevant

authorities to guarantee they are protected. Proof the work was the owner's
creation should be sufficient to successfully take legal action.

World Intellectual Property Organization. "Frequently Asked Questions:

Copyright."
Countries may extend this protection over a longer period. For example, in
the U.S., since 1978, most compositions have been copyright-protected for
70 years after the author’s death. After that time, individual works enter the
public domain and can be reproduced by anyone without permission.16

As a general rule, the author retains ownership of copyright privileges, even if

the material is published by another company. There is an important
exception to this rule, though.

Materials you create for your employer as part of your job requirements, such
as, for example, contributions to a podcast the company publishes, are
usually considered "works for hire." The employer, not you, retains the
copyright. If there’s a gray area, you can try to negotiate with the publisher
over copyright ownership prior to creating the piece; just be sure to get it in
writing.17

What Is the Difference Between a Patent, Copyright, and

Trademark?
A patent protects new inventions, processes, or scientific creations, a
trademark protects brands, logos, and slogans, and a copyright protects
original works of authorship.8

The Bottom Line

The decision to pursue a patent, trademark, or copyright depends on the type
of intellectual property you’re trying to shield. Whether it’s a new product,
logo, or creative work, registering your idea with the appropriate body can
help ensure you enjoy the fruits of your labor.
 Trademark, patent, or copyright
Trademarks, patents, and copyrights are different types of intellectual property.
The USPTO grants patents and registers trademarks.

Trademark Patent Copyright

What's A word, phrase, design, or a Technical inventions, such as chemical Artistic, literary, or
legally combination that identifies compositions like pharmaceutical intellectually created works, such as
protected? your goods or services, drugs, mechanical processes like novels, music, movies, software code,
distinguishes them from the complex machinery, or machine photographs, and paintings that
goods or services of others, designs that are new, unique, and are original and exist in a tangible
and indicates the source of usable in some type of industry. medium, such as paper, canvas, film, or
your goods or services. digital format.

What's an Coca-Cola® for soft drinks A new type of hybrid engine Song lyrics to “Let It Go”
example? from "Frozen"

What are Protects the trademark from Safeguards inventions and processes Protects your exclusive right to
the benefits being registered by others from other parties copying, making, reproduce, distribute, and perform or
of federal without permission and helps using, or selling the invention without display the created work, and prevents
protection? you prevent others from the inventor’s consent. other people from copying or exploiting
using a trademark that is the creation without the copyright
similar to yours with related holder’s permission.
goods or services.