Understanding Intellectual Property Terms and Concepts

Intellectual property (IP) refers to the creative and inventive rights owned by an individual or organization over their creations, such as inventions, designs, and literary works. In the United States, IP is protected under federal law, which provides a broad range of exclusive rights for creators.

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Property Types

In the United States, IP is protected in three main categories: patents, copyrights, and trademarks. Each type of property has its own unique characteristics and requirements for protection.

• Patent law protects new and useful inventions, such as software or business methods.
• Copyright law protects original literary, dramatic, musical, and artistic works, including books, music, and movies.
• Trademark law protects distinctive signs that identify a brand or product, such as logos or slogans.

Patent and Copyright Law

Patent and copyright law are two separate but related areas of IP law. Patent law protects the functional aspects of an invention, while copyright law protects the creative expression of an original work.

• A patent must demonstrate non-obviousness to be eligible for protection.
• A copyright requires a "work made more than one year before publication or use" to be eligible for protection.
• However, the same work can have different forms of protection under different IP laws, such as trademark and patent law.