Intellectual Property

IP refers to creations of the human intellect, such as inventions, literary and artistic works, symbols, names, images, and designs used in commerce. The purpose of IP law is to protect the exclusive rights of owners over their creations, allowing them to reap the benefits of their innovation and creativity. Types of IP protection include:

Trademarks

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others. Think NIKE, Disney, Kodak, the swoosh logo, Super Mario, the Coca Cola bottle, and the Herman Miller Aeron chair design. Trademark protection prevents others from using similar marks that could confuse consumers, dilute the brand, or suggest endorsement or affiliation.

Copyrights

Copyright is a form of protection granted to the authors of original works of authorship, such as literary, musical, and artistic works, including software and digital content. Think Kenny Loggins’ “Danger Zone” song, the Top Gun screenplay and movie, the Fortnite video game, and Jason Scott Collection furniture designs. Copyright owners have the exclusive right to reproduce, distribute, perform, and display their works, and to create derivative works.

Utility Patents

A utility patent covers a new and useful invention. Think the zipper, the lightbulb, Bluetooth (the functionality not the name), and the 3D printer. A patent is a legal right granted by a government to an inventor or assignee for a specific period (generally 20 years from the filing date) to exclude others from making, using, or selling their invention. In exchange for this monopoly, the inventor must fully disclose the details of the invention in a patent application.

Design Patents

A design patent protects the aesthetic or ornamental aspect of an article, such as the shape, configuration, pattern, or ornamentation. Think the Coca Cola bottle (also protected trade dress), unicorn-shaped pool floats, and the sidewall design of the BF Goodrich A/T KO2 tire. Design patents provide the owner with exclusive rights to prevent others from making, using, or selling a product with the same or substantially similar design.

Trade Secrets

Trade secrets are confidential business information that gives a competitive advantage to the holder. Think the Coca Cola recipe, Google’s search algorithm, the WD-40 formula, KFC’s original recipe, and customer and supplier lists. Unlike patents or trademarks, trade secrets must be kept secret and are not registered with the government. Instead, they are protected by contractual agreements, such as nondisclosure agreements (NDAs).

Deciding whether to protect your IP is a decision on what you want to do with your time and money. Do you want to spend it being creative and working to launch and grow your business? Or do you want to spend it worrying that your hard work is being used by others and trying to stop clones or copycats? It is important to understand the different types of IP protection that are available and to work with Dietrich IP to determine the best strategies for protecting your creations and enforcing your rights.