Your business just invented a new machine, created a new logo, or maybe created some new marketing content. Can you copyright, trademark or patent it?
That depends. The mere idea for any one of these things cannot be protected under intellectual property laws, there must be something concrete. For example, you cannot copyright the idea for a story about star crossed lovers from rival families, but you can copyright the book Romeo and Juliet. In other words, for your intellectual property to be protected it must be “fixed in a tangible medium.”
What is the difference between different types of intellectual property, and which ones does your business need?
The United States Patent and Trademark Office (USPTO) explains that a Copyright legally protects any “Artistic, literary, or intellectually created works.” Within your business this could be photos, software codes, training manuals, or text on your website.
A copyright gives you the exclusive rights to reproduce, distribute, or display your created work. Copyright registration is not required to establish a copyright. As soon as an original work is created in a tangible form, either physically or digitally, a copyright is attached to it. However, it is beneficial to register a copyright in case someone steals your work.
If you do not register your copyright then it is difficult to prove damages that arise from copyright infringement and you won't be able to file a copyright infringement lawsuit. Registering a copyright with the US Copyright Office provides many benefits including the ability to sue for damages when willful infringement occurs.
Copyrights often last until 75 years after the creator's death or for 95 years if filed anonymously or by a corporation.
Trademarks ensure that your brand is distinct and recognizable to customers by protecting “A word, phrase, design, or a combination that identifies your goods or services.” For your business this could be the company name, logo, or slogan.
Trademark law prevents other companies from using any symbol, phrase, or word that causes a "likelihood of confusion” for the customer. Because of this a company cannot use the same logo or brand name as another company, but only if they sell goods or services in a related industry.
As with copyrights, there are legal benefits to registering your trademark through USPTO. The most important benefit is that it grants your rights nationwide rather than just the territory you have been advertising in. It also allows your company to use the ® symbol and creates a public record of ownership. In addition, companies can file with US customs to stop the import of counterfeit goods.
A Patent grants legal protections for technical inventions. This could include machine designs that are new, unique, and usable in your industry, or chemical compositions like pharmaceutical drugs. There are multiple types of patents, but all are designed to give the inventor a monopoly on the sale, manufacturing, and importation for as long as the patent lasts— currently 20 years from when it is first filed. A patent cannot be issued for an idea, it must actually exist. It must also be what the law calls “useful” and “non-obvious”.
The USPTO grants three kinds of patents”
Compared to registering for a copyright or trademark, the patenting process is much more expensive and complicated, but is equally necessary. Without a patent your invention can be copied, made, used, or sold by other parties.
No matter what intellectual property your business utilizes, you will benefit from federal protection. In order to protect your intellectual property, reach out to one of the experienced attorneys at Sumsion Business Law today.