Intellectual property is a broad term that encompasses inventions, literary and artistic works and designs and symbols used in business. It also includes industrial designs and trade secrets.
Legal protections for intellectual property enable people to earn recognition and financial benefit from their work. However, violations of these rights are called infringement (patents, copyrights and trademarks) or misappropriation (trade secrets). They can result in civil or criminal penalties.
Patents
A patent is a legal document that grants the owner exclusive rights to a product or invention for a limited period of time. Patents provide an incentive for companies to invest in research and development, knowing that they can prevent competitors from copying their innovations without risk of infringement lawsuits.
The Constitution empowers Congress to make laws “to promote the Progress of Science and useful Arts.” This is the basis for the United States patent system, which is a part of intellectual property law. Patents are granted by government agencies, such as the US Patent and Trademark Office (USPTO). Other countries have their own national patent offices, but all patent systems share similar elements.
In order for an invention to be patented, it must meet three requirements. It must be novel, it must be useful, and it must not be obvious to someone skilled in the field. The USPTO lists specific requirements for what will qualify as a new and useful invention, such as “inventions that contribute to the art of making or inventing things, and which are not limited to any particular class of manufacture.”
A person or company who wants to obtain a patent must file an application with the relevant authority. The application must include a written description of the invention and one or more numbered claims that define what the patent covers or the scope of protection. In addition, illustrations are often included in patent applications to show what the invention looks like.
When a patent is issued, it gives the inventor the right to stop others from making, using, selling, or importing the invention in the country where the patent is registered. This is the main benefit of a patent, and why it is so important for businesses to get their patents.
A holder of a patent has the right to sue those who violate the patent, but there are a few catches. First, the violation must be found to be direct infringement. This means that the defendant must be making, using, or selling a product that infringes on your patent in some way. This is not easy to prove, and may involve getting access to your competitor’s factory or studying their products to determine if they are infringing on your patent.
Copyrights
Copyrights are a form of intellectual property that protects the original expression of an idea as soon as it is fixed in a tangible medium of expression. Examples of works that are subject to copyright protection include written works (fiction, non-fiction, and poetry), musical compositions, sound recordings, paintings and drawings, sculptures, architecture, databases, and computer programs. Copyright is a bundle of rights granted to the creator of an original work, and these rights may be transferred, sold, or licensed.
The copyright owner has the exclusive right to reproduce the work, make derivative works, and perform or display the work publicly. A copyright also gives the creator a right to protect the integrity of the work, such as not allowing distortions or modifications that would be prejudicial to the author’s honor or reputation. In the United States, copyrights last for the life of the author plus 70 years after their creation or publication. The length of time a work enjoys a copyright depends on several factors, including whether the work is published, whether it is registered, and whether it was created or published by an individual or corporation.
There are some exceptions to copyright protection that allow the public to use certain works without permission or payment, called “fair use.” Infringing on a copyright can result in civil and criminal liability for the person who commits the infringement.
Many creators choose to register their works with the copyright office in order to gain various benefits, such as statutory damages and attorney’s fees in successful litigation. Registration is not required in the United States, but it is recommended. See Copyright Basics, Circular 1, and Circular 38b for more information about copyright registration.
Trademarks
The trademark law protects the names and symbols used to identify products and services. These protections are not as broad as those for patents and copyrights, but they still allow creators of creative works to gain economic benefit from their work by preventing others from using the work without permission. Trademarks can also include geographical indications, which give people a sense of where something comes from, such as a certain type of coffee or a certain style of shoe.
The owner of intellectual property is determined differently for different types of property and under varying circumstances. In some cases, the individual who created the work is deemed to be the owner of it, while in other cases employers have ownership rights to the work produced by their employees. It is also possible to transfer ownership of a piece of intellectual property to another party.
When someone infringes on your intellectual property rights, you can file a civil lawsuit in federal court. This is a complicated process, and it is best to consult an intellectual property lawyer before filing such a suit. However, if you do successfully file a lawsuit, the court can order an injunction against the offending party and award you compensation for any damages or losses incurred.
In recent years, there has been a growing movement to expand intellectual property rights internationally. One such effort is the Agreement on Trade-Related Aspects of Intellectual Property Rights (commonly known as TRIPS), which obligates members of the World Trade Organization to establish and enforce minimum levels of copyright, patent, and trademark protection. Countries that fail to do so are subject to WTO-administered trade sanctions.
The goal of intellectual property laws is to encourage innovation by giving inventors a financial incentive to produce new ideas and products. In this way, these laws are considered a form of social welfare because they promote the production and distribution of goods that can be beneficial for society. However, critics point out that the exclusivity granted by intellectual property laws can have negative effects as well. These criticisms mainly center on the high cost of researching and developing new technologies, as well as the fact that the exclusive rights granted by these laws create monopolies.
Trade Secrets
While patents, copyrights and trademarks are the more visible forms of intellectual property protection, trade secrets and confidential information provide the backbone for many companies. It is the secret formula for Coca Cola that is perhaps the most famous example, but there are many others. The fact is, even large and technologically-sophisticated companies such as Pfizer and Apple have had to take legal action against a former employee who has revealed their company’s confidential information.
The law protects trade secrets through a combination of state and federal legislation, including the Defend Trade Secrets Act (DTSA). Under the DTSA, it is illegal to steal or disclose a business’s confidential information or misappropriate its assets. The Act also provides for the court to issue an injunction that prevents any further disclosure of a trade secret, and entitles a plaintiff to money damages for any financial losses they have suffered as a result of a defendant’s actions. In some cases, the court may also order a defendant to pay the amount of any profits they made from using a victim’s stolen intellectual property.
Intellectual property protection extends to any original creation of the human intellect, such as artistic, literary, or technical works. The rights granted to an inventor/creator by a patent, copyright or trademark grant them the exclusive right to fully utilize their invention/creation for a set period of time.
However, it is important to note that the laws of intellectual property are constantly changing. For instance, the Agreement on Trade-Related Aspects of Intellectual Property Rights is an international treaty that has significantly expanded the scope of intellectual property protection worldwide.
It requires all members of the World Trade Organization to establish and enforce minimum levels of copyright, patent and trademark protection within their jurisdictions. The treaty is a key factor in the development and protection of the global economy. It has contributed to the rise of a knowledge-based economy and ensures that the products of the mind are protected in a fair and reasonable way.
