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US Intellectual Property Law: Patent, Copyright, or Trademark?

The type of intellectual property protection you need depends on the nature of the creative work or innovation you wish to protect. This guide can help you determine which is most suited for your situation. Here are the aspects of the US Intellectual Property Law:

Patent

Registering your patents prevents unauthorized making, using, selling, or importing of your invention. Seek a patent for the inventions below.

  • New and useful process, machine, manufacture, or composition of matter
  • New and non-obvious improvement to an existing invention.

Patents provide exclusive rights to inventors for a limited period. This is normally 20 years from the filing date. USPTO administers patents.

Copyright

Copyright protection is ideal for an original work of authorship in a tangible form.

  • Literary works
  • Music
  • Artwork
  • Photographs
  • Movies
  • Computer software

This type of protection materializes at the time the work is created. The creator carries exclusive rights.

  • Reproduction
  • Distribution
  • Performance
  • Display
  • Creation of derivative works based on the original work

Trademark

Trademark protection is for protection of words, phrases, symbols, logos, or designs. These elements ought to identify and set your products or services apart from competitors’ offerings.

Commercial use establishes trademark rights. Registered trademarks carries exclusive rights. It grants the use of the mark in connection with certain goods or services. Registration remains active if requirements are complied with.

 

Patents protect inventions and processes. Copyrights protect original works of authorship. Trademarks protect brands and identifiers of goods or services. Consider one or more of these forms of intellectual property protection. Consult with an intellectual property attorney to help you come up with a strategy for protecting your rights, and learn more about the US Intellectual Property Law.

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