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What Is Intellectual Property?

Intellectual property (IP) is an umbrella term for any original creation, invention, concept, or idea belonging to an individual or a company. At its core, intellectual property is the representation of creativity, an intangible asset, that is expressed in a usable way. For example, you can purchase and claim ownership of a book (tangible), but it is the author of the book who gets to claim ownership of the story (intangible).

The category of intellectual property covers a vast range of intangible assets. Some examples of things covered by intellectual property rights include:

  • Inventions
  • Songs
  • Stories
  • Designs
  • Anything that first originated in the mind

What Is Intellectual Property Law?

Ideas and creative expressions can be extremely easy to copy or steal. IP laws protect intellectual property and give inventors and creatives enforceable rights over their creations.

Since intellectual property is such a vast category, there are four main areas of intellectual property law that cover all corners of it: copyright, patents, trademarks, and trade secrets.

Copyright Law

Copyright law protects the tangible work and ownership rights of the original creator. It ensures that only the owner and anyone with an applicable license has the exclusive right to use and reproduce the creator’s work. In other words, copyright simply provides the right to copy.

Copyright law applies to a wide variety of tangible, physical works or materials, including:

  • Artistic—drawings, paintings, photographs, sculptures, designs, etc.
  • Dramatic—plays, musicals, operas, screenplays, choreography, etc.
  • Literary—books, short stories, essays, poetry, articles, board and card games, etc.
  • Musical—compositions, arrangements, scores, recordings, lyrics, etc.

As long as the work is represented in a physical form and can be duplicated, it can be covered by copyright law.

Copyright law only applies to completely original works, also known as original works of authorship (OWA). To be considered original, a work must come from independent thinking and not duplicate another work.

While copyright covers a vast number of works, there are things that copyright law does not cover:

  • General ideas, concepts, or theories
  • Discoveries or inventions
  • Brand names, domain names, or titles
  • Logos, taglines, or slogans

How to Get Copyright?

If you produce a completely original work, you automatically have the rights to it. However, voluntarily registering the work is a wise step that boosts your legal protection. Originality of a work can be difficult to prove—registering your creation helps ensure you are recognized as the original creator of the work.

Patent Law

Patent law protects inventors and their inventions from theft or misuse. Whether it’s a new product, process, or design, patent law gives the inventor control over how their invention is used, produced, and distributed.

Patent law applies to inventions that provide a new method of achieving an action or a new solution to a problem.

There are several types of patents an inventor can pursue:

  • Utility Patents – Also called a patent for invention, the utility patent is the most common patent type and covers new processes, machinery, materials, and anything else functional to a new or improved invention.
  • Design Patents – This type of patent protects a new or improved design of something. For instance, if a shoemaker creates a revolutionary shoe design, they could apply for a design patent to protect their design.
  • Plant Patents – Plant patents are for creators of new and distinct plant varieties. The plants have to be asexually reproductive and feature unique properties in order to be covered by a patent.

How to Get Patent Protected

The process for receiving a patent depends on the patent you are pursuing and if you meet all the requirements to apply. It’s important to ensure your invention has not been publicly disclosed already, you understand what can and cannot be patented, you know whether your invention is patentable or not, and you know the cost of obtaining a patent.

Seeking a patent requires you to submit a detailed application. Depending on the type of patent you want to acquire, you will need to provide all necessary information about your invention, including technical details, design specs, or plant information.

Your patent application can take a while to process, review, and approve. The majority of cases take two to six years.

Trademark Law

Trademark law protects the distinguishable elements of a company or individual. Brand-specific names, words, phrases, symbols, designs, and other related elements can be trademarked, preventing others from copying the company and stealing their look or likeness.

For example, the Apple logo is trademarked to prevent other software companies from using the recognizable Apple design on their products. This prevents the other company from selling its items as if they were Apple products.

A trademark must be connected to the goods and services that the company provides to its customers.

There are several things that are protected by trademark law, including:

  • Company name
  • Brand colors
  • Logos
  • Slogans

How to Get Trademarked

You have to apply to register a trademark with the U.S. Patent and Trademark Office (USPTO). Before applying, be sure what you want to trademark or variations of your trademark are not already in use.

Once you’ve found that your trademark is original to you, you can file your application with the USPTO. If the application is approved, there is a three-month period where your trademark will be published in a journal online, offering others the chance to oppose your trademark. If there is no opposition by the third month, you will have a registered trademark.

Trade Secrets

Trade secrets are forms of intellectual property that require no registration but are arguably a company’s most valuable intangible assets. They are information that a company relies on to carry out business, produce products, create services, and drive business forward.

Examples of a trade secret include:

  • Formulas
  • Recipes
  • Programs
  • Devices
  • Processes, methods, or techniques
  • Customer lists

Trade secrets give companies a competitive advantage in their markets and should be protected to maintain that advantage. They are not to be disclosed to the public. The more people who know about a trade secret, the more likely it is to slip out to the public and into the hands of competitors.

There is no process for obtaining or registering a trade secret; they automatically arise through the business’s operations and do not need to be disclosed to anyone except the people who need to know them.

Unfortunately, trade secrets can be exposed or leaked to the wrong people. This is especially common in cases that involve a breach of contract, like breaches of nondisclosure agreements or noncompete agreements. In these cases, you are able to bring about a trade secret claim against someone if they are the reason a secret was leaked or shared with the wrong person or group of people.

If you believe your trade secrets have been leaked due to a breach of contract or you are unrightfully accused of exposing a trade secret, you need a legal team experienced in business litigation and breach of contract to fight for you inside or outside of court.

Are you dealing with a leaked trade secret or other misuse of your intellectual property? The business litigation lawyers at Clark, Smith & Sizemore will fight for you.

If you are experiencing the consequences of a leaked trade secret or misappropriation of your intellectual property, talk to the team at Clark, Smith & Sizemore. We are well-versed in the laws surrounding business litigation, contract disputes, and intellectual property and will fiercely represent you in your journey to resolution. Call us today for a free consultation: 478-254-5040.

Thanks for checking out part 4 in our 6-part series about business litigation. Stay tuned for all articles, which include: