Forms of IP
1. Subject Matter
Patent:
- Functional features of processes, products, or composition of matter
Trademark
- Word, name, symbol, design, logo or combination thereof
- Trademarks (™) are used in connection with hard goods, e.g. cars, clothing, electronic equipment, food, etc.
- Service Marks (℠) are used in connection with intangible services, e.g., education, business consulting, financial planning, legal, medical services, etc.
Trade Secret
- Formula, pattern, physical device, idea, process of compilation of information that provides the owner of the information with a competitive advantage in the marketplace
Copyright
- Original works of authorship
2. Source
Patent
- Rights dependent on federal government grant
Trademark
- Common law rights based on use
- Statutory rights dependent on federal and/or state government grant; registration provides benefits
- Can enforce rights in a common law mark, but the bundle of rights is larger for a registered mark
Trade Secret
- State law
Copyright
- Statutory rights dependent on federal government grant
- Registration provides benefits
- Cannot enforce copyright absent valid registration
3. Marking/Notice
Patent
- Patent ####### or Pat. ####### or Pat. Pending #######
Trademark
- ® only for registered marks
- ™ or ℠ for common law or marks the subject of a pending application
Trade Secret
- N/A
Copyright
- © for common law and registered copyrights
4. Duration
Patent
- Utility Patent: 20 years from filing or 17 years from issue
- Design Patent: 14 years from issue
Trademark
- Common law rights so long as the mark used in commerce
- Statutory rights granted for 10-year renewable terms
Trade Secret
- So long as treated in a way that can reasonably expected to prevent the public or competitors from learning about it, absent improper acquisition or theft
Copyright
- Life of author plus 70 years
- For anonymous, pseudonymous and works made for hire: 95 years from publication or 120 years from creation