Intellectual property refers to a creation of the mind. It is a result of someone’s creativity and can be any form, including pictorial, linguistic, schematic, software, an algorithm, and so on. Moreover, intellectual property in the USA comprises different types, including trademarks, patents, copyrights, and trade secrets.
The United States Patent and Trademark Office (USPTO) is the government authority responsible for registering patents, trademarks, and designs, and the United States Copyright Office administers copyright registration in the USA. The USPTO leads efforts to develop and fortify both domestic and international IP protection. It advises the President, through the Secretary of Commerce, and all federal agencies on national and international IP policy issues, including IP protection abroad. It is also authorized to provide advice, conduct programs and studies, and interact with IP offices internationally on IP-related matters.
Types of Intellectual Property in the USA
IP assets can be of numerous types. Intellectual property in the USA is mainly classified into these four types:
Trademark
A trademark is a symbol that differentiates a company from others. It could be a logo or brand name. The USA follows a first-to-use rule for obtaining trademark rights, meaning that if a dispute arises between two parties over a trademark, whoever used it commercially first shall own the right, even if they did not register it first. However, to better protect your trademark, you should consider registering it through the USPTO. The USPTO requires trademark applicants to provide very specific descriptions of goods and services for which protection is being sought.
Patent
A patent is the exclusive right to an invention in all fields of technology. The USA is a signatory to the International Patent Cooperation Treaty (PCT). Applications filed through the PCT can seek patent protection with the USPTO. In the USA, 3 kinds of patents are available:
- Utility Patent: For new inventions or processes (lasts 20 years from the date of application)
- Design Patent: For the ornamental design of a functional item, particularly in the domain of industrial design (lasts 15 years from the date of grant)
- Plant Patent: For the invention or discovery of a new plant strain (lasts 20 years from the date of application)
Copyright
A copyright grants the author of a literary, scientific, or artistic work the exclusive right to make the work available to the public and reproduce it. One can register for the protection of copyright through the Copyright Office of the Library of Congress. The registration of copyright is not compulsory, but it is a prerequisite to the filing of a lawsuit for the infringement of copyright.
Trade Secret
A trade secret refers to any valuable business information that is not generally known and is subject to reasonable efforts to preserve its confidentiality. It can be a formula, method, compilation, pattern, program, device, technique, or process. Unlike the other types of intellectual property, a trade secret cannot be safeguarded by registering it. Instead, its protection lasts only as long as its disclosure is controlled. Companies employ non-disclosure agreements, restricted access to confidential information, post-employment restrictive covenants, and other security practices to protect trade secrets.
