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Below is a brief overview of the various types of legally protectable intellectual property.  To learn more, feel free to Contact Us or a Patent Attorney in the El Paso area.

 Patents

According to the U.S. Patent & Trademark Office a patent A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted

This right was established over 200 years ago in Article 1, Section 8 of the United States Constitution: “to promote the science and useful arts by securing for a limited time to the inventors the exclusive right to their respective rights and discoveries.”

There are three types of patents.

• Utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

• Design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

• Plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Trade Secrets

Intellectual property that is not protected by a patent can be protected by a Trade Secret.  Trade Secrets are for IP that is used in business and gives the company a competitive advantage.  The strength of a Trade Secret lies in its ability to be kept.  Examples of Trade Secrets include:

• Formulas & Recipes (e.g., Coca Cola recipe)

• Manufacturing processes

• Customer lists

• Design concepts

Trademarks

Trademarks protect any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods or services of one party from those of others.  Even colors, smells and sounds may be trademarks in the U.S. (and in some other countries).   Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.

Copyrights

Copyright is a legal protection for the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.  Unlike patents, copyrights come into being at the moment an original work is fixed in a tangible medium of expression. While there are advantages to federal registration of a copyright, no registration is required in order for a copyright to exist.

Owners of copyrights are given a bundle of rights that enable them to control:
• Reproduction
• Adaptation
• Distribution
• Public Performance
• Public Display

Other Resources
1. www.uspto.gov

2. www.ipwatchdog.com

3. www.google.com/patents

4. www.freepatentsonline.com

5. www.pat2pdf.org