Different Types of Intellectual Property Protection in the United States

The United States recognizes several types of intellectual property (IP) protection: copyrights, trademarks, patents and trade secrets. Each type of intellectual property has different legal requirements and protections.

Patents require submission of a request form to the United States Patent and Trademark Office. Patent pending can be written on a product’s labeling if a patent has actually been filed. Patents can only be granted on items or processes that are new and novel.

You cannot patent something that already exists and has been in the public domain, nor can you patent something invented by someone else. Patents can be granted on significant improvements of existing designs.

Patents, however, do become public information once granted, which can jeopardize their value as trade secrets.

Patents must be filed within a year of disclosing an invention. If you start building and selling the product and haven’t filed a patent within 12 months of doing so, you cannot patent it. If you publish a paper on the invention, you must file a patent within 12 months. Furthermore, a patent filed in one nation may not be enforceable or applicable in others. For example, some nations only recognize patents filed before disclosure of an invention, not the twelve month grace period recognized by the United States. For this reason, it is common to file for patent protection in several nations with patent agreements that span the world.

Copyrights