Protecting Intellectual Property in the US
The term Intellectual Property refers to creations of the mind, literary and artistic works, designs, symbols, names, and images used in commerce. In the US, there are several types of intellectual property. These are patents, trademarks, copyrights, and trade secrets. Patents allow their owner to decide any other person who can make, use, or sell an invention. Trademarks allow their owner to share the source or origin of a product or service to consumers.
On the other hand, copyrights provide their owner with the ability to determine who can reproduce or distribute a work. Furthermore, copyrights help to determine who can publicly perform and display work, or prepare derivative works. Trade secrets bar leaking of confidential business information by either party present in the making of a business contract.
In the United States, specific plants, industrial designs, and regulatory data may also be protectable. Each of these entities has different attributes and criteria for protection. Therefore, it is important to seek legal counsel while intending to obtain protection for any type of these entities. An experienced legal advisor or intellectual property attorney in the U.S can help you identify, protect, and enforce your IP rights. Below is what you should know about the protection of each intellectual property.
PATENTS
According to the US trade policy on patents, a utility patent protects a new and useful process, machine, article of manufacture, or composition of matter. In addition, it also protects any new and useful improvement of a product or machine thereof. To obtain a patent in the United States, an inventor should file a patent application with the United States Patent and Trademark Office (USPTO).
The application for a patent with the USPTO includes:
a document comprising a description and claims,
drawings when necessary,
an oath or declaration, and
filing, search, and examination fees.
It is imperative to note that patent protection lasts 20 years from the date of filing. Even so, there is a maintenance fee are required at 3.5, 7.5, and 11.5 years from the date of the patent grant. The patent system in the US offers a protection plan for industrial designs.
TRADEMARKS
A trademark is anything that identifies the source of the goods or services of one party from those of others. Oftentimes, a trademark may be a word, phrase, symbol, or design, or a combination thereof. After creating the trademark for a product or service, one can file an application with the USPTO.
In the USA, a trademark lasts for as long as it continues to be used and is defended against infringement. However, the owner of the trademark must file required documents at regular intervals to keep the registration alive and applicable.
COPYRIGHT
In the US, copyright protects original works of authorship from the time the works are created in a fixed form. Someone who intends to own copyright should file an application for copyright registration online to the U.S. Copyright Office. Registration for copyright protection offers many benefits. The benefits of having copyright protection include:
access to a public record of the copyright claim,
a potential recovery of statutory damages and attorney’s fees
recovery of costs in successful copyright infringement litigation
To register a work for copyright protection, one should submit a completed application form and the applicable filing fee. Furthermore, you should include a nonreturnable copy or copies of the work to be registered in your application for registration.
In general, copyright remains valid in the life of the author plus 70 years after the author’s death. In the case of a work produced by a team, the copyright is valid until the death of the last surviving author. Copyright for works made for hire and anonymous or pseudonymous works remains valid for 95 years from publication. Alternatively, it may be valid for 120 years from creation, whichever is shorter among the two. The filing fee schedules for copyright registration are available on the U.S. Copyright Office website.
TRADE SECRETS
In the US, a trade secret is protectable if the information is a secret and has measurable commercial value. Additionally, there must be reasonable efforts taken to protect the information. Reasonable efforts in protecting a trade secret may differ conditional on the nature of the information you wish to protect. It is advisable for businesses to formulate and implement an effective trade secret policy.
Recordation of intellectual property with customs
The owner of a federally registered U.S. trademark or copyright can record it online through an electronic application. It is essential to note that the online recordation is through the U.S. Customs and Border Protection (CBP). This recordation is helpful in detecting infringing goods coming into more than 300 U.S. ports. Applicable fee schedules and instructions for filing electronically are available at the CBP website.
For more information about the protection of intellectual property in the US, feel free to contact us.