Welcome to our lecture on U.S. intellectual property law. In this course, we will delve into the basics of patents, trademarks, and copyrights, and explore how they work in the United States.
Patents
A patent is a type of intellectual property that grants exclusive rights to an inventor or user for a specific invention. In the United States, patents are governed by the Patent and Trademark Office (PTO). To be eligible for a patent, an invention must meet certain requirements, such as being novel, non-obvious, and useful.
- Patents can be applied for in one of three forms: provisional, non-provisional, or reissue. Each form has its own set of requirements and deadlines.
- A patent also grants the holder exclusive rights to make, use, sell, offer for sale, or import a covered article for a certain period of time, usually 20 years from the filing date.
Trademarks
A trademark is a symbol, word, phrase, or design that identifies a product or service and distinguishes it from others. In the United States, trademarks are governed by the Trademark Office (TMO). To be eligible for a trademark registration, an entity must demonstrate that the mark is distinctive and functional.
- A trademark can include logos, slogans, jingle, or any other expression that identifies a product or service. The mark must also be used in commerce to ensure it is not merely functional.
- A trademark registration provides protection against counterfeiting and unauthorized use of the mark.
Copyrights
a copyright is a type of intellectual property that protects original literary, dramatic, musical, and artistic works. In the United States, copyrights are governed by the U.S. Copyright Office (USCO). To be eligible for a copyright registration, an author or creator must demonstrate ownership and control over the work.
- a copyright provides protection against unauthorized use or reproduction of the work, as well as any derivative works created from it.
- Copyrights are typically renewed every 25 years, with a renewal fee applying after that period.