Types of Intellectual Property

AuthorDylan O. Adams
ProfessionSeattle-based patent attorney
Pages1-19
1
1
Types of Intellectual
Property
“e Congress shall have Power To ... promote the
Progress of Science and useful Ar ts, by securing for
limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries.”
—United States Constitution, Art icle 1, Section 8, Clause 8
Intellect ual propert y (IP) protects creations of the mind and patents
are just one type of IP. To understa nd how patents protect your ideas
and inventions, it is important to also understand what patents cannot
protect and where other IP rights might be applied instead. In some
cases, several forms of IP can protect t he same product or invention in
dierent ways, but in other cases current IP laws do not provide much
protection. is chapter compares and contrasts patents, trademarks,
copyrights, and trade secrets —the four t ypes of IP.
Although this chapter provides a solid framework for determini ng
how the four types of IP may apply to your inventions, use the informa-
tion as a starting poi nt for gett ing expert advice on developing a holis-
tic IP strategy for your business. In the end, bec ause each company
PatentsDemystified-F-10012015.indd 1 10/1/15 4:09 PM
2 PATENTS DEMYSTIFIED
has its own unique business plan, technology, and budget, you need a
plan that is tailored to your needs. Fortunately, once established, many
portions of your IP protection strategy can be implemented without
the assistance of an attorney if you do not yet have a robust IP budget.
In fact, as discussed later in this chapter, there are several simple and
absolutely free techniques that can signica nt ly ra ise your IP prole.
OVERVIEW OF THE FOUR TYPES OF
INTELLECTUAL PROPERTY
When considering intellectual property, it helps to rst div ide the
world of inventions into artistic and utilitarian t hings. Artistic inven-
tions include books, articles, movies, musica l compositions, and pho-
tographs. Utilitaria n inventions include mecha nical devices, computer
hardware, biotechnology, and manufacturing methods. By de nition,
patents protect utilitarian inventions and copyrights protect artistic
inventions. Trademarks and trade secrets can protect both usefu l and
artistic inventions.
FIGURE 1.1 The Logical Domains of IP
As shown in Figure 1.1, patents and copyrights are diametrically
opposite forms of protection that apply to useful and artistic works
respectively—there is no overlap. Trade secrets a nd trademarks might
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