Intellectual Property Law Basics
What is 'intellectual property'?
Intellectual property deals with the intangible. People think it deals with the smart property, but as opposed to real estate law and real property, you're dealing with concepts such as patents, trademarks, copyrights, and trade secrets. You're dealing with intangible property when dealing with intellectual property.
What is a 'patent'?
There's various definitions of a patent, but primarily Congress has allowed inventors the exclusive right to exclude others from using their invention. Patents protect inventions, that's the number one reason for getting a patent. And a patent gives the inventor the exclusive right to that invention for a period of 20 years.
What is a 'copyright'?
A copyright is an original work of authorship and generally that protects books, movies, music.
What is a 'trademark'?
A trademark protects the source of origin of a product or goods and services. So primarily a trademark deals with names, logos or designs. The term of a trademark lasts indefinitely as long as its being used in commerce.
What is a 'service mark'?
A service mark is similar to a trademark, with the exception of goods, it is used on services.
What is a 'trade secret'?
A trade secret is a form of intellectual property that protects confidential information. There's no specific type of filing for a trade secret but certain steps must be met in order to maintain a confidentiality.
How can I protect my intellectual property rights?
If you believe your intellectual property rights have been infringed, you should seek an intellectual property attorney to consult with to determine what exactly has happened, what form of intellectual property was infringed, your patents, trademarks, copyrights, et cetera, and then from there he'll advise you.
Where do I go to protect my intellectual property rights?
It depends what your intellectual property is. For patents and trademarks you should go to the administrative bodies, the united states patent and trademark office. For copyrights, you should go to the united states copyright office to protect your intellectual property.
What is a 'registered patent attorney'?
A registered patent attorney is someone who has a technical background, specifically an undergraduate or graduate degree in the sciences and who has also sat and passed the federal patent bar examination.
If I have an intellectual property matter, do I have to use a registered patent attorney?
If you do need a lawyer for an intellectual property matter, you don't necessarily have to seek a patent attorney, although it depends what the situation is. If you're having a patent infringement issue, then it's probably advisable to seek a registered patent attorney. If you have a copyright or trademark matter, you don't have to seek a registered patent attorney.
