Protecting Intellectual Property
Protecting your intellectual property goes beyond simply filing an application and waiting for approval. The specific type of innovation you’ve created and what kind of security measures surround it must also be considered. There are three main types of protections you can pursue: trademarks, patents, and copyrights, and each requires different procedures to protect them.
Furthermore, simply holding a patent or copyright doesn’t mean that your innovation will be protected by the United States Patent and Trademark Office (USPTO). It only gives you the basis for pursuing legal action if someone else infringes on your property. The USPTO will not litigate or go after those who stole your property; it’s up to you—and your attorney—to do this.
Trademarks
Trademarks are used to differentiate one business’s products from another’s, and are typically logos, designs, brand names, slogans, or mottos. A trademark can be incredibly useful when trying to set your brand apart from a competitor and offers protection to enforce the trademark if someone else tries to use it.
Trademarks also send a message to the public that you have completed registration and add credibility to your products and your company.
Trademarks, however, only apply to the specific business that you’re in. For example, if you trademark a name that you use to brand a pair of running shoes, someone else would likely be able to use that same name to brand a soft drink without infringing on your trademark.
This is why it’s very important to ensure your trademark is registered with the correct goods and services. Many applications are denied because the incorrect category was used, or businesses later discover that competitors can legally use a similar mark in another category.
Patents
There are three main types of patents: utility, design, and plant. Each one offers its own benefits and protections for different types of innovations.
A utility patent covers the function of an invention and its components. These are the most common patents and can last up to 20 years. Utility patents may protect software, chemical formulas, food inventions, pharmaceuticals, or machines.
A design patent protects the ornamental design or appearance of an invention. These patents typically last 15 years and are usually less expensive than utility patents because they protect aesthetics rather than function. Design patents can apply to jewelry, clothing designs, packaging, computer icons, and fonts.
A plant patent protects new varieties of plants that reproduce asexually. These patents also last up to 20 years and may apply to newly developed flowers or fruit trees.
Copyrights
Copyrights protect literary, dramatic, musical, and artistic works. These protections apply to original works of authorship and do not cover inventions, formulas, systems, or ideas.
Common examples of copyrighted works include books, music, artwork, plays, and choreographed performances.
Copyright owners have the exclusive right to reproduce their work, create derivative works based on the original, distribute copies to the public, and perform or display their work publicly.
Copyright protection also lasts longer than other forms of intellectual property protection—typically the author’s lifetime plus an additional 70 years.
Skilled Legal Counsel
I started my firm, the Law Office of Mitchell Ghaneie, P.A., to help people like you grow and succeed in your field. If you’re looking for an attorney experienced in intellectual property law and are located in the Jacksonville, Florida area, reach out to my office today to schedule a one-on-one consultation.
