Individuals and businesses need to be able to protect their intellectual property from being copied, used and otherwise exploited by others. Whether the information in question is an idea or concept, an image or an arrangement of words, there is legal documentation designed to provide the necessary safeguards. Intellectual property may be protected with a trademark, copyright or patent. There are also ways to prevent the theft of trade secrets, which are processes used to manufacture a product.
Trademarks
As a company’s calling card and branding tool, a trademark is a significant financial asset that should be legally secured. Researching and choosing the symbol, word, name or device, and then establishing that mark with the product, are primary tasks of marketing. By registering the mark with the U.S. Patent and Trademark Office, the company establishes ownership.
To qualify for federal trademark protection, the product or service identified by the mark must be used in trade that crosses state lines. The mark must not be too general or similar in nature to another mark, and the application should have as much detail as the owner is able to supply, as well as a specimen. This includes a clear image and description of the mark and a list of the items or offerings where it will be placed. Between five and six years after the registration has been filed, the owner must file a statement indicating the use of the trademark in business.
By registering the trademark rather than relying on common law rights, which are valid when a mark is in use in commerce, a company receives several benefits. For example, registration may be a foundation for international trade, and it may also protect a U.S. business from infringement by imported goods. Within the United States, the owner has exclusive rights to the mark’s use and also may file an action in federal court if the mark is infringed upon.
Copyrights
When a person or company develops an original work that is tangibly expressed through writing, recording, images or three-dimensional representation, that material can be protected through a copyright. Technically, the work is automatically covered in the United States when the creator places the name, date and copyright on it. However, formally registering with the U.S. Copyright Office gives the owner the legal right to sue for damages in the case of copyright infringement.
The application must be accompanied by a copy of the work, or two copies in the case of a recording. Some formats, such as computer programs or three-dimensional works, have other conditions that must be fulfilled with the application. There are registration fees involved, as well.
Patents
Patents protect inventions from being produced, sold or used without the inventor’s permission. A patent may safeguard the design or appearance of a product, known as a design patent, or it may be a utility patent, which protects chemicals, machines or processes. Even plants may be patented if they are new and distinct from other plants and are created through grafting or cuttings rather than seeds.
An inventor may file one of two types of application forms with the USPTO for patent protection. A provisional application is available for a utility or plant patent, and once it is filed, the owner may use the term “Patent Pending.” It is an informal claim that should not include a description of the invention. Once the USPTO receives the form, the inventor needs to file for a non-provisional application within the next 12 months.
Non-provisional application forms require a claim, which is a definition of the invention, how it was made, how it should be used, and drawings, when necessary. The inventor also must describe his or her right to the device, plant, chemical, process or design and include the associated fees.
Nondisclosure Agreements
It is often necessary during the course of business to share information about the company’s trade secrets with other people, particularly in the case of employees. To protect these, companies often use written nondisclosure agreements, which are typically included in employment contracts. The terms of these contracts prevent the signers from sharing the sensitive information. If there is a breach of confidentiality, the intellectual property owners have the right to sue for damages.
The nondisclosure agreement generally works on a time limit, and the information must remain secret until the end of the period specified. The language of the contract should identify what is confidential and what is excluded, although the information itself may not be included within the document. Responsibilities of the person signing the contract should be part of the agreement, as well.
Taking advantage of all the protections provided by law is the best way to prevent theft of a company’s intellectual property assets in the marketplace.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.