Have you ever wondered how a specific product hasn’t been replicated before? Or how an inventor’s ingenious idea hasn’t been stolen? Well, the answer is Intellectual Property and the laws put in place to protect it. Intellectual property refers to the creative works of the human mind, including things like designs, artistic works, names, slogans, symbols, and more. Every day, intellectual property like the ones listed above are created by individuals and businesses. However, in order for people to feel comfortable creating and sharing their intellectual property, they need to be reassured that their ideas will be protected by law. Luckily, there are thorough intellectual property laws in place to protect the rights of creatives and their work. There are four main types of intellectual property protections: copyrights, patents, trademarks, and trade secrets. Let’s take a look at each type and how they are used.
Type #1: Copyrights
As soon as someone writes or creates a piece of original work, the owner has and is protected by a copyright. Copyrights can protect art, movies, songs, writing, software and all other literary or artistic works. While the owner of such property has immediate protection without registration, the owner may register their piece of work with the U.S. Copyright Office to make it easier to sue for copyright infringement and prove ownership if necessary. Copyrights last the life of the author plus 70 years.
Type #2: Patents
A patent grants a property right to an inventor. Meaning, the patent will cover anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement.” If you invent a new product which you would like to put on the market or a certain way of doing something that is novel, you can apply to get the product or process patented so no one can claim the idea as their own. In the U.S., all patents must be filed with the U.S. Patent and Trademark office. Utility patents are granted for 20 years while design patents are granted for either 14 or 15 years. 90% of all patents granted are classified as utility patents.
Type #3: Trademarks
Trademarks protect phrases, words, symbols, or insignia that identifies a specific product and differentiates it from other products. Corporate branding, logos, names, and phrases can all be trademarked. For example, the famous McDonald’s “M” and the Nike “swish” along with their brand names are trademarked property. Trademarks may or may not be registered with the U.S. Patent and Trademark Office. Trademarks technically do not expire like other forms of property protection. However, the owner must continue to use the property regularly to continue receiving protections under the trademark.
Type #4: Trade Secrets
The fourth main type of intellectual property are trade secrets. Trade secrets are any piece of information a business protects that gives them a competitive advantage. For example, a social media company’s unique algorithm is considered a trade secret. If another company were to create a social media platform using this exact algorithm, this would be considered an infringement on the original company’s trade secret. To protect this form of intellectual property, companies can designate this information as a trade secret in non-disclosure agreements and contracts to ensure the information is protected.
Knowing the difference between intellectual property protections is not only beneficial to you as a creator, but as a consumer as well. Understanding intellectual property laws will help you to distinguish between fair use property and protected property so you don’t mistakenly use someone’s property without the necessary permissions. If you are interested in learning more about intellectual property, check out this Crash Course video breaking it all down!
Vocabulary list:
Ingenious (adj): cleverly and originally made
Infringement (n): the action of breaking a law or agreement
Novel (adj): new or unusual
Insignia (n): a distinguishing mark or symbol
Algorithm (n): a process or set of rules to be followed
Non-disclosure Agreements (n): a contract by which one or more parties agree not to disclose confidential information
ABOUT THE AUTHOR
Hailey Womer is a third-year student at Syracuse University in Syracuse, New York pursuing a dual major in Public Relations and Political Science. With interests in communications, public diplomacy, and politics & government, she hopes to use communication to grow the passions of the public and advocate for others. In her free time, you can find her editing social media content, engrossed in the fashion trends of the season, catching up on the latest political buzz, or on a philanthropic mission to make the world just a little bit brighter!