An Overview on Intellectual Property Law
How the law protects 'creations of the mind'
on December 15, 2016
Updated on April 5, 2022
Creatives and scientists create works that fall under intellectual property law protections. If you have invented something or made a work of art or brand, you might find it helpful to understand what protections the law offers you and how it helps you stake a legal claim on your work.
The following overview gives you a look at the different types of intellectual property. After you have identified what category your work belongs in, you may find it helpful to visit with a lawyer to help you get the legal process started.
Intellectual Property Law – What You Need To Know
- The many regulations around intellectual property protection are often comprehensively referred to as “IP law.”
- This area is designed to protect inventors and creatives from unauthorized use of their creations.
- There are four different types of intellectual property law: copyright law, trademark law, patent law, and trade secrets law.
- IP law influences all industries, but it is most widely in areas such as biotechnology and entertainment, where industrial designs and creative works are common.
Overview of IP Law
The regulation around intellectual property protection is often referred to as “IP law.” Intellectual property rights are more abstract than your run-of-the-mill property rights because they protect “creations of the mind,” things like artistic expression and design choices. As you might’ve guessed, those that benefit most from IP rights are typically inventors or artists.
The goal of intellectual property law is to establish the owners of ideas and creations so that the government can enforce the owners’ right to use them exclusively. The understanding is that this protection will help ideas keep their value because they cannot be easily replicated and passed around. These laws also offer protection from fraud and keep innovation alive and well.
Intellectual property law is an umbrella term that covers trade secrets, patents, copyrights, and trademarks. Included in these laws are remedies for violation, which include cease and desist letters and damages.
Patents create property rights and are generally obtained to protect inventions and prevent others from making, using, or selling your invention. Patents don’t last forever, though it may be possible to extend them in some cases. Be aware, however, that a patent will only protect your fully developed invention; it will not protect your idea.
There are three kinds of patents: utility, design, and plant. Each patent grants you the right to exclude (prevent other people from making or selling the invention) and the right to sue for infringement. To obtain a patent, you will need to follow a detailed application process, which you can learn more about and this link.
Trade Secrets Law
Trade secret protection is a broad area of a law that protects information of economic value. The United States Patent and Trademark Office (USPTO) requires information to meet three requirements to qualify for trade secret protection. The information must:
- Possess either actual or potential economic value by being kept a secret
- Have value to other parties who do not have or cannot legitimately obtain the information
- Be subject to reasonable efforts to keep it a secret.
To qualify as trade secret, all three above prongs must be met. Otherwise, the information will not be eligible for trade secret protections.
Copyright protection defends artistic works from unauthorized use. Examples of works eligible for copyright include books, music, choreography, photos, sculptures, and architecture. Like patents, copyrighted works are not protected indefinitely, but they generally outlive the copyright holder.
Once you have created an original work, copyright exists automatically. However, if you want to enforce it in litigation, it may be necessary to register your copyright. Additionally, while it is no longer required, a notice of copyright can also strengthen your claim.
A trademark is a recognizable word, phrase, or symbol used to distinguish the source of products. Registering a trademark protects brand names and logos and is registered with the U.S. Patent and Trademark Office. This office recommends considering the likelihood your mark will be confused with other marks and how similar your trademark is to others that already exist.
You are not necessarily required to register your trademark to establish exclusive rights that the law will protect. Simply using the mark in commerce is often enough to establish the rights. Registration, however, provides public notice that you have legal rights, and it allows you to use the registered trademark symbol. Follow this link for more information about registering your trademark and the benefits of doing so.
Below are some common questions you might want to consider when meeting with an attorney for the first time.
- What is considered intellectual property?
- Does my idea qualify for a patent, trademark, or copyright?
- How do I make sure my ideas are protected?
- What do I do if someone is using my intellectual property?
- Can I appeal registration decisions?
Finding the Right Attorney for Your Needs
It is essential to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location.
To help you get started, you may want to consider looking for a lawyer who practices intellectual property law. It might also be helpful to speak with someone with specific experience with trademarks or patents.
Should I Talk to a Lawyer?
Filing applications to protect your intellectual property can be a complex process that you want to ensure you do correctly on your first attempt to save yourself time. A lawyer can help you apply for protection with the level of detail and specificity that is expected.
If you would like to bring a case against someone for appropriating your intellectual property, the help of a lawyer will be indispensable. Your lawyer will gather the necessary documentation and help you interview potential witnesses to prove you have a claim to the creation.
A lawyer will anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.
Why Super Lawyers?
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. The objective is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
As Super Lawyers is intended to be used to select a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public. You can learn more about the selection process here.