Intellectual Property Rights

Study Notes

A patent is a set of exclusive rights granted to an inventor for a limited time (usually 20 years) in exchange for disclosing an invention.
Patent law protects novel, non-obvious, and useful inventions, such as:
- Processes
- Machines
- Manufactures
- Compositions of matter
Types of patents:
- Utility patents: protect functional inventions
- Design patents: protect ornamental designs
- Plant patents: protect new and distinct plant varieties
Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without permission.

Copyright law protects original literary, dramatic, musical, and artistic works, such as:
- Books
- Music
- Movies
- Software
- Artwork
Copyright protection extends to both published and unpublished works.
Copyright protection does not extend to:
- Ideas
- Facts
- Methods
- Processes
Copyright infringement occurs when someone reproduces, distributes, or displays a copyrighted work without permission.

Trademark law protects distinctive signs, symbols, words, phrases, logos, or designs that identify a business or product, such as:
- Brand names
- Logos
- Slogans
- Packaging
Trademark registration provides legal protection for a mark, allowing the owner to:
- Prevent others from using a similar mark
- Sue for trademark infringement
Trademark infringement occurs when someone uses a mark that is likely to confuse consumers with the registered mark.

Industrial design protection is a type of intellectual property that protects the appearance of a product, including:
- Shape
- Configuration
- Pattern
- Ornamentation
Industrial design protection is usually granted for a shorter period than patent protection (e.g., 10-15 years).
Industrial design protection is important for products with unique designs, such as:
- Furniture
- Jewelry
- Consumer goods

Trade secret law protects confidential and valuable information, such as:
- Business methods
- Recipes
- Algorithms
- Customer lists
Trade secret protection is not limited to a specific time period, as long as the information remains confidential.
Trade secret misappropriation occurs when someone acquires, discloses, or uses a trade secret without permission.
Trade secret protection is often used in conjunction with non-disclosure agreements (NDAs) and confidentiality agreements.

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