Intellectual Property Law 101

Hi Readers!

Glad you are back!  This post will explain what intellectual property is and will define each type of intellectual property.  If after reading this post, you have any further questions, please contact me at lgivens@phillipsgivenslaw.com.

1.  Intellectual Property are creations of the mind:  They include: inventions; literary or artistic works; symbols, names, and images used in commerce.

2. There are three basic intellectual property rights:  patents, trademarks, and copyrights.

3.  A patent is a property right granted by the US Government to an inventor to exclude others from making, using, offering for sale, or selling the invention throughout the US or importing the invention into the US.  For example, the formula created for Coca-Cola is an invention. Also if you create a new product this is an invention.

4. A trademark is an intellectual property right that protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of goods.  For Example:  The logo for Coca-Cola which appears in white cursive lettering is the trademark for Coca-Cola, the company.  When we see the logo for Coca-Cola we automatically associate it with Coke, the drink we consume.

5. A copyright is an intellectual property right that protects works of authorship such as writing, music, and works of art that have been tangibly expressed.  For Example: A blogger's original writing is a copyright.  Paintings are copyrights.  Music are copyrights.

So I pose this questions?  What type of intellectual property do you own?  In my next post, we will discuss the importance of protecting your intellectual property rights and taking the necessary steps to NOT infringe on someone's legitimate intellectual property.