| Understanding the differences between patents, | | | | Trademarks are the easily recognizable symbols and |
| trademarks, and copyrights is essential for any | | | | signs of a particular individual, business concern or |
| creative entrepreneur. A thorough grounding in the | | | | organization. Trademarks are divided into three |
| concepts and definitions of these basic protections | | | | categories: unregistered trade marks, unregistered |
| for intellectual property will provide you with a solid | | | | service marks, and registered trademarks. Typically, |
| basis for protecting your inventions, creative works, | | | | unregistered trade and service marks are only valid in |
| and corporate reputation. Enlisting the help of a | | | | a limited geographical area; registered trademarks are |
| business attorney is an important step in ensuring | | | | protected throughout the country in which the |
| your intellectual property is secure, but it's equally | | | | trademark was granted. Trademarks are used to |
| important to inform yourself about the various | | | | identify the makers of products and the providers of |
| methods by which individuals and companies can | | | | services in the consumer market; as such, they are |
| safeguard their creative efforts and protect their | | | | valuable commodities and should be protected against |
| financial interests. | | | | infringement or imitation. Registered trademarks must |
| Patents | | | | be obtained through the U.S. Patent and Trademark |
| Within the United States, patents are granted by the | | | | Office and offer significantly more legal protection to |
| U.S. Patent and Trademark Office for inventions. A | | | | their holders than other types of trade and service |
| patent offers the holder exclusive rights to an original | | | | marks. |
| process, machine, or invention or to any significant | | | | Copyright |
| improvement to an existing patented process. | | | | One of the most inclusive and versatile types of |
| Patents may be awarded for biological inventions or | | | | intellectual property protections, copyright confers |
| discoveries, for software processes or programs, for | | | | exclusive rights to authors of creative works, |
| new chemical processes or compounds, and for | | | | including plays, works of fiction, maps, musical |
| business processes that are markedly original or | | | | compositions, works of art, photographs, motion |
| unique. Patents do not confer the right to | | | | pictures, dance choreography, architectural blueprints, |
| manufacture the invention, but rather prevent others | | | | and software. Unlike patents, copyright does not |
| from manufacturing it for a set period of time, usually | | | | protect the ideas or concepts within the work, but |
| twenty years. In some cases, a patent holder may | | | | only the way in which those ideas are expressed. For |
| not be legally entitled to manufacture the device; this | | | | instance, copyright protections apply to the "look and |
| usually occurs in cases where the patent is granted | | | | feel" of certain works of art and software programs, |
| for a significant improvement to an existing patented | | | | protecting their stylistic elements without protecting |
| device. Without obtaining permission from the patent | | | | the subject matter with which they deal. Copyright is |
| holder for the existing device, the holder of the new | | | | obtained automatically upon setting the material down |
| patent cannot manufacture the improvement. Such | | | | in a fixed form such as print, canvas, or digital media. |
| patents are generally either sold or retained until the | | | | While copyright is the easiest form of intellectual |
| original patent expires. Patent infringement is a civil | | | | property protection to obtain, it can be the hardest |
| matter and is generally pursued through civil lawsuits | | | | to defend. It is usually advisable to seek legal counsel |
| in the courts. | | | | if you believe your copyright has been infringed in |
| Trademarks | | | | order to protect your creative rights. |