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Intellectual Property 101 (patents, copyrights and trademarks... Oh my!)

Matt McKinney is an attorney at BrownWinick Attorneys at Law

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Intellectual property is a term that is commonly and loosely thrown around in the business world, but what does it mean?  The Meriam-Webster dictionary defines intellectual property as "something (such as an idea, invention, or process) that comes from a person's mind."

In a court of law, intellectual property often refers to patents, copyrights, and trademarks.  In addition to the "Big 3," intellectual property also encompasses trade-secrets (discussed here) and publicity rights.

Patents, Copyrights, and Trademarks

Generally speaking, patent rights protect new, unique, and non-obvious product and process inventions.  Copyrights on the other hand can protect original works of authorship, such as literary, musical, and artistic work (e.g. sound recordings, photographs, motion pictures, and architectural works).  Finally, trademark rights can protect words, names, and symbols used to identify a business' goods or services and distinguish them from those of another.

Businesses frequently create and protect their intellectual property rights in many ways.  For instance, businesses often seek a registered trademark through the United States Patent and Trademark Office (USPTO), triggering and/or enhancing protection for the mark.  Similarly, a business can seek patent rights in qualifying products or processes through the USPTO.

If you or your business is seeking to create and/or enhance protection in intellectual property that you own, control, or are developing, you should consider consulting a licensed attorney.

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