Intelectual Property

"IP" or Intellectual property is a creation by human intellect

that has commercial value. Intellectual property law allows people and businesses to protect their rights by affording to them an opportunity to stop trespassers and, in many cases, recover damages.

Types of Intellectual Property Include:

Patents provide inventors and those with rights to inventions the exclusive right for a limited period of time to prevent anyone else from making, using, selling, or importing the inventions. Patents are granted on machines, articles of manufacture (devices), compositions of matter (materials), processes (methods), and improvements of any of these.

Trademarks consist of words, phrases, symbols, logos, designs, sounds, and others that identify sources of products or services (Service Mark) in the marketplace. Businesses use trademarks and service marks to distinguish their products and services from others to prevent consumer confusion.

Copyrights are rights granted to owners of creative original works of authorship that are fixed in a tangible medium of expression. A copyright applies to the literal expression of an idea, not the underlying idea or concept. As soon as an expression is placed onto a tangible medium (paper, film, recording, CD-ROM, sculpture, and many others), the copyright comes into existence. Registering the copyright with the U.S. Copyright Office creates a legal presumption that 1) the copyright is legitimate and 2) allows the copyright owner to recover damages (compensation) without the need to prove any actual harm. Types of works that can be copyrighted include: photographs, movies, videos, recordings of music and speeches, song lyrics, musical compositions, choreography, books, poems, manuscripts, paintings, sketches, sculptures, architectural designs, computer programs, maps, models, crafts, jewelry, and many more.

Tradesecrets is a broad term to cover secret information that is defined by how it is treated and protected. It provides an owner of the information with a market advantage over its competitors. To enforce tradesecret actions, an owner must show that the tradesecret has been maintained in a way that reasonably anticipates preventing others from learning about it. Unlike patents, trademarks, and copyrights, there is no registration with a government agency. Types of information that can be a tradesecret include compositions, processes, devices, designs, formulas, recipes, information, and others.