Intellectual Property - Q&A

Q: What are patents, trademarks, copyrights, and trade secrets?

A: Patents, trademarks, copyrights, and trade secrets are sometimes referred to as "intellectual property"- referring to products that come from the creative mind. Intellectual property is imagination made real. It is an asset just like your home, your car, or your bank account. Just like other kinds of property, intellectual property needs to be protected from theft and misuse.

Patents provide exclusive rights to make, use, import, sell and offer for sale the invention for up to 20 years.

Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the insulation made by Owens-Corning (who uses the Pink Panther in advertising by permission from its owner!), and the shape of a Coca-Cola bottle are familiar trademarks.

Copyrights protect works of authorship, such as writings, music, and works of art that have been tangibly expressed. The Library of Congress registers copyrights which last for the life of the author plus 70 years. Gone With The Wind (the book and film), Back Street Boys' recordings, and video games are all works that are copyrighted.

Trade Secrets are information that companies keep secret to give them an advantage over their competitors. The formula for Coca-Cola is the most famous trade secret.

Q: What is the value and purpose of a patent and how does it benefit the Nation?

A: Throughout history, inventions have helped people discover, develop resources, increase productivity, cure diseases, and ease burdens. Our Nation's founders recognized the importance of patents to protect the rights of inventors and included provisions for them in the Constitution. New inventions lead to new technologies, create new jobs, and improve our quality of life. Today, America's inventive spirit is one of our most treasured and envied assets. A patent helps an inventor to make money from his or her invention by allowing only the patentee or those who get his or her permission to make, use, import, sell or offer to sell the invention. Thus it encourages investing in research - which helps the nation.

Q: How can you be sure no one will steal your patent?

A: If you think someone has infringed your patent rights, then you can sue that person or company in a federal court.

Source: www.uspto.gov