Intellectual property law is the legal field which includes four types of intellectual property: patents, trademarks, copyrights and trade secrets. Each type of intellectual property is a creation of the mind and can include inventions, names, designs, musical creations, literature, images and symbols. The goal of intellectual property law is to give the creator the exclusive rights to sell, distribute, display and otherwise benefit commercially from their creative invention.
Copyright protection can be given to any expression of an idea in a fixed medium. Fixed mediums can include a literary work, movie production, choreographed work, musical and dramatic production. The copyright gives the creator of the work the exclusive right to distribute, display, prepare, reproduce, perform or otherwise profit from their copyrighted work. A copyright will not protect an idea or expression but the particular medium in which the idea is expressed. Copyright registration is not required. A copyright will exist once the creation is established in a tangible medium. If your copyrighted work has been sold, used, copied or reproduced with out your permission, this could be copyright infringement and you should contact an intellectual property law attorney for legal advice.
Trademarks are used to brand a product and help consumers identify the provider of a particular product. A trademark can be a symbol, phrase, word or design that can be used for brand identification. There are various types of trademarks that are given varying degrees of trademark protection. Trademark infringement is the illegal use of a trademark and will be determined based on the amount of confusion it causes a consumer. Trademarks can be registered with the United States Patent and Trademark Organization (USPTO). Registration is not necessary but can have certain legal benefits. Trademarks can last forever as long as they are used and the trademark remains distinctive. Many products trademarks have become too common and therefore are not considered trademarked.
Patents are issued from the United States Patent and Trademark Office. Patents are issued for inventions which meet certain requirements outlined by the USPTO including usefulness and novelty in creation of a new process, invention or machine. The idea must be fully developed and must exclude laws of nature and previously identified physical observations. By obtaining a patent you will be granted exclusive right to use, make and sell your invention with in the United States. There are three main types of patents which include design, utility and plant patents. Patents are only enforced in each country where the patent is registered.
A trade secret is a practice, design or invention that can be patented or any other type of intangible idea, pattern, business method, manufacturing processes or business information. Trade secrets are not known to the general public and their main benefit is to generate financial advantage for a business over their competition. Businesses must also place emphasis on keeping trade secrets private. A trade secret is violated if a person gets information from the trade secret owner, not if they are able to create a similar product through independent means.