Introduction to Intellectual PropertyPatents
Utility patents cover the invention or discovery of --
Utility patents are considered to be the most valuable way to protect novel innovations of devices, compositions and processes which have use in industry. This is because the owner of a valid United States Patent is granted the right to grant licenses to competitors or to exclude competitors from practicing the invention in the United States during the term of the patent. Patents compared to agreement with U.S. GovernentPatents are often compared to an agreement with the United States Government on behalf of the public trust. In exchange for the inventor providing the public with a full written description of his or her invention, the inventor gets a limited term to exclude competition from practicing his or her invention [for most inventions made after 1995, the term is 20 years from the date of filing a patent application]. Once this term has expired, the invention becomes part of the public domain, and can be practiced by the public without need for a license. "Blocking" patentsIt should be noted that a patent does not assure that the inventor will be able to practice the invention without infringing upon the rights of other ‘blocking’ patents. In this regard, an invention is analogous to a piece of property which may be surrounded by several independent gated fences. In order for one to access the property, one must be in possession of keys to each and every gate that surrounds the property. Similarly, to practice an invention, one must be entitled --- through ownership or license --- to practice under each valid United States Patent which covers aspects of the invention, and which has not expired. Eventually, each patent covering an invention should expire, and practice of the invention by the public will be allowed without a license. In addition to utility patents, there are patents designed to cover original designs (“design patents”) and asexually produced plants (“plant patents”). For more information on patents, see the United States Patent and Trademark Office website. Other types of intellectual property include trademarks, copyrights, trade secret protection and contractual protection.TrademarksTrademarks provide protection of words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. The hallmark characteristic of trademarks is the prevention of confusion in the minds of the public as to the source and quality of goods and services. For example, when a consumer purchases a Coke®, that consumer expects that the product he or she is purchasing has originated from the trademark owner [or its licensee], and has expectations with respect to the quality of the product bearing from the consumer’s knowledge of the trademark owner and its products.Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. CopyrightCopyrights provide protection of "original works of authorship" fixed in any tangible medium of expression. The copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work. However, the copyright protects only the form of expression, not the subject matter of the writing. Therefore, although work is copyrighted, this only prevents others from copying the work; it would not prevent others from writing a description of their own or from making and using the subject matter described in the work. For works created after 1978, copyright generally protects the work from the moment of creation and lasts for a period of 70 years after the author's death. Trade Secret and Contractual ProtectionTrade secret and contractual protection, such as confidentiality and non-competition agreements, are methods by which the owner of unpatented proprietary information can seek to commercialize and protect that information against unauthorized use by individuals who either obtain the information unlawfully or who learn of proprietary information through confidential relationships. Again, more detailed information regarding patents, trademarks, copyrights, trade secrets and contracts can be found on the internet, but for detailed analysis of a specific factual situation, you should consider contacting an intellectual property attorney. |