Basics of Intellectual Property
Intellectual property is defined as "Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, trademarks, and trade secrets." (Batten, 2010 p. 459) Intellectual property has multiple concerns including:
"Copyright laws grant authors, artists, composers, and publishers the exclusive right to produce and distribute expressive and original work. Only expressive pieces, or writings, may receive copyright protection." (Batten, 2010 p. 460) Copyright is intended to balance the rights of the copyright holder and the general public via the legal protections of fair use. Copyright is granted for a specified time period to a specified applicant. Copyright expires unless renewed.
"A trademark is a device used by businesses to distinguish their goods and services from competitors' goods and services. It may consist of a word, a symbol, a logo, or any combination thereof, so long as it clearly signifies the source of ownership for a product or service." (Gale, 2013)
Trademarks are recognized by consumers as marks of quality or distinguishing characteristics. Businesses register trade marks to protect them from being used by competitors.
"A patent is a form of government grant allowing monopoly use of an invention for a limited amount of time. Patents are a method by which the innovator or inventor can protect his or her innovation or invention and have rights to exclude others from using it. Patents are useful because protecting an invention and creating rights of the originator on his invention give impetus to further research and technological development....A patent is a form of government grant allowing monopoly use of an invention for a limited amount of time. Patents are a method by which the innovator or inventor can protect his or her innovation or invention and have rights to exclude others from using it. Patents are useful because protecting an invention and creating rights of the originator on his invention give impetus to further research and technological development....There are related concepts like the design patent, plant patent, and utility patent. Design patents are granted for inventions that are new and original, and for ornamental design for an article of manufacture. Plant patents are granted for inventions or discoveries of plants, or asexually reproducing any distinct and new variety of plant. A utility patent is granted for inventions and discoveries that are new and useful and are nonobvious processes, machines, articles of manufacture, or compositions of matter, or any new and useful improvement on an existing product or thing." (Mukherjee, 2013)
Resources
Intellectual Property. (2010). In D. Batten (Ed.), Gale Encyclopedia of American Law (3rd ed., Vol. 5, pp. 459-464). Gale. https://link-gale-com.proxy2.library.illinois.edu/apps/doc/CX1337702337/GVRL?u=uiuc_uc&sid=bookmark-GVRL&xid=54dbda8e
Introductory/How to Books
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Patent, Copyright and Trademark
by
ISBN: 1413331688Publication Date: 2024-04-30A plain-English guide to intellectual property law Patent, Copyright & Trademark is a unique, comprehensive reference that explains the complex and fast-moving laws of intellectual property (IP). It covers patents, copyrights, trademarks, and trade secrets, and for each includes: * an overview of the law * recent developments in the law * the scope of IP protection * sample registration forms and other forms * a substantial glossary of terms Topics in the book include: * the types of patents and the basics of applying for a patent * what copyright protects and how AI is impacting copyright as we know it * what marks can be registered and how to register a trademark * what qualifies as a trade secret and how to protect trade secrets Patent, Copyright & Trademark is a handy, one-stop reference for businesses that own or deal in IP, attorneys who need to have a basic understanding of IP law, individual inventors and creators, and anyone who wants to understand how this important area of law and business works.
