By Karin J. Lindgren JD
Intellectual Property
A summary of the legal protections available for your IP assets.
5 Legal Protections: | PATENT | COPYRIGHT | TRADEMARK | TRADE SECRET | CONTRACT |
Purpose | To protect one's intellectual work product from unauth'd use by others; incentive to produce new inventions. | To protect content of one's intellectual work product from unauth'd use by others, including copying and derivative works. | To protect public from confusion; protect corporate goodwill; protect company from losing market. | To protect one's intellectual work product from unauthorized use by others. | To create an enforceable promise to protect intellectual work product; a biz incentive. |
Term | 20 yrs from filing, if the patent application was filed on or after June 8, 1995. | Death of author plus 70 yrs. For "works for hire" and anonymous works: the shorter of 95 yrs from publication or 120 yrs from creation, w/ some exceptions for unpublished works. | Potentially forever, as long as the mark is used (not abandoned), and TM registration is timely renewed. | Potentially forever, as long as the trade secret is affirmatively protected and maintained as confidential and proprietary information. | Depends upon negotiated contract terms. |
Subject Matter | Can apply to a useful, novel and "non-obvious" (when compared to "prior art") product, process or application of an idea; not abstract ideas or "laws of nature" | Can apply to original expression of an idea; works of authorship fixed in any tangible medium, or recorded in a concrete way | Can apply to a name or a shape/logo with no "prior use" by another. | Can apply to any "useful arts" and business information. | Any intellectual property can be protected in a contract. |
Pros | Prevents free riders and independent originators; strongest IP protection available. | Long term protection; low cost; protection begins once work is in tangible form. | Could last forever; low cost; eliminates "unfair competition" | Could last forever; easiest to get (must take reasonable measures to ensure secrecy). | Ability to craft contract terms to suit particular situation. |
Cons | Most difficult to get; limited duration; time bars; costly to procure and to enforce. | Does not protect ideas (even if original); does not protect facts; does not protect from another's independent origination of same expression of an idea. | Does not preclude others from copying, so long as copying is not likely to cause confusion. | Weakest IP protection; no protection against independent creators. | Difficult to negotiate contractual IP protection; uncertainty of language; lack of crystal ball for future IP developed by biz. |