If you’re an inventor with an invention idea, you’ve probably considered how you’re going to protect your idea. Your idea is your Intellectual Property, and if you’re looking into how to protect your property, it’s important to research and understand the different types of protection available. There are many different types of intellectual property protection out there and their various uses, definitions, and applications can be really confusing. What’s the difference between patents and copyrights? Can you get a trademark? What the heck is a trade secret?

InventHelp does not offer patent advice; that can only come from a licensed patent attorney. The following information comes directly from the United States Patent and Trademark Office (USPTO).

What is the USPTO?

The United States Patent and Trademark Office (USPTO) is an agency of the U.S. Department of Commerce. The role of the USPTO is to grant patents for the protection of inventions and to register trademarks. It serves the interests of inventors and businesses with respect to their inventions and corporate products, and service identifications. Through the preservation, classification, and dissemination of patent information, the Office promotes the industrial and technological progress of the nation and strengthens the economy.

What is Intellectual Property?

Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. There are 4 types of intellectual property: patents, copyright, trademark, and trade secrets.

What is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States.

There are three different kinds of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

What is a Copyright?

Copyright is a form of protection provided by U.S. law to the authors of “original works of authorship” fixed in any tangible medium of expression. The manner and medium of fixation are virtually unlimited. Creative expression may be captured in words, numbers, notes, sounds, pictures, or any other graphic or symbolic media. The subject matter of copyright is extremely broad, including literary, dramatic, musical, artistic, audiovisual, and architectural works. Copyright protection is available to both published and unpublished works. Under the 1976 Copyright Act, the copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work. It is illegal for anyone to violate any of the exclusive rights of the copyright owner.

What is a Trademark?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. A trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. When a person claims the rights to a particular mark, he or she is allowed to use “TM” (for a trademark) and “SM” (for a servicemark) to designate that the mark is trademarked. The symbol “®” designates federal registration and can therefore only be used after the USPTO registers the mark

What is a Servicemark?

A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

What is a Trade Secret?

Trade secrets consist of information and can include a formula, pattern, compilation, program, device, method, technique or process. To meet the most common definition of a trade secret, it must be used in business, and give an opportunity to obtain an economic advantage over competitors who do not know or use it.

Do Trademarks, Copyrights, and Patents Protect the Same Things?

No. Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

The ins and outs of intellectual property can be very confusing. Visiting the USPTO website can provide endless research for any inventor interested in protecting their idea. Researching intellectual property is important, but remember that valuable patent advice can only come from a patent attorney.

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