Intellectual Property FAQ
1. What is intellectual property?
Intellectual Property (“IP”) is the all-encompassing term which refers to creations of the mind: inventions, designs, trade names, symbols, images, trade dress, know-how, trade secrets, and literary and artistic works. IP is protected by state, national, and international laws allowing people to own products of their creativity and innovation, similar in fashion to the way that they can own physical property.
What qualifies as IP is diverse and varied. Some examples of intellectual property include:
- brand names such as "NIKE,” “INTEL,” and “TOYS ‘R’ US”;
- Kentucky Fried Chicken’s formula for its combination of “13 Original Spices”;
- Iphone application software (both free and purchased) provided by Apple’s App Store;
- motivational or exercise DVDs;
- John Grisham’s novels;
- customer lists used by retailers of goods and services to identify likely repeat buyers;
- innovative products and processes from the simple (windshield wipers) to the complex (methods of developing micro electro-mechanical systems); and
- this website
As you can see from the list above, valuable intellectual property comes in many forms and is not limited to high technology. Other types of intellectual property are customer lists, business plans, methods of doing business, processes for obtaining a product or end result and designs.
2. What is the difference between a patent, copyright, trademark and a trade secret?
A patent is a grant from the federal government that gives an inventor the right to exclude others from making, using, selling or importing his invention a 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. A copyright grants a right to exclude others from copying, selling, performing, displaying or making derivative versions of a work of authorship, such as writings, music, and works of art that have been tangibly expressed.. A trademark grants the right to exclusively use 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. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. A trade secret is information that companies keep secret to give them an advantage over their competitors. Trade secrets, unlike patents, trademarks, or copyrights, are not registered with the government (then they would no longer be “secret”).
3. Why should I choose Byers IP Law & Consulting?
We strive to protect our clients’ interest to the greatest extent over the full range of intellectual property issues. At Byers IP Law & Consulting, we are dedicated to understanding our clients’ intellectual property needs within their overall business objectives and concerns. Whether you are in need of litigation representation, licensing advice, or consultation regarding the strength of a patent portfolio, by Understanding the Business Side of IP, Byers IP Law & Consulting will help you achieve your business objectives.