Intellectual Property Frequently Asked Questions

What are the different types of intellectual property, and how do they differ?

A Patent is a grant by the US Government to an inventor conveying the right to exclude others from making, using or selling the invention throughout the United States.

A Trademark is word, name, symbol, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another, and to indicate the source of the goods.

A Copyright is a form of protection granted to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. It gives the owner the exclusive right to copy, distribute copies, perform the work, and to display the work publicly.

A Trade Secret is information that confers economic benefit on its holder, is not generally known to the public, and which the holder takes reasonable steps to keep it from the public.

What are the different types of Patents?

A Utility Patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of mater. A Design Patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. A Plant Patent may be granted to anyone who invents or discovers and asexualy reproduces any distinct and new variety of plant.

How are the IP owner’s rights established?

They are established by the laws of the United States Government and the States. However, persons wanting protection under these laws must take steps to establish their rights, generally by registering them with the government, except in the case of trade secrets.

How are these rights enforced?

The owners of Intellectual Property have the general responsibility of enforcement by means of Civil Actions. However the infringement of a Copyright may be punishable under the Criminal Statutes of the United States