What is Intellectual Property Law in the United States?

Intellectual property law, also known as intellectual property rights or IP rights, refers to laws that protect and promote creative, scientific, technological, and cultural works. In the United States, intellectual property law is governed by the Constitution, statutes, and case law.

In 1790, the U.S. Supreme Court established the concept of "tradition of inventions" in the case of Clark v. Gonzales (1791), which defined what constitutes an invention for purposes of patent law.

Patenting Intellectual Property

Patents are exclusive rights granted to inventors for their new and useful inventions, given the "novelty" and "non-obviousness" requirements. The U.S. Patent and Trademark Office (USPTO) issues patents in response to patent applications.

Patent protection can last from 20 years from the date of filing to a maximum of 30 years. In some cases, additional extensions are possible through amendments or reissues.

Protecting Trademarks

Trademarks are symbols, words, phrases, designs, or sounds that identify and distinguish a business's products or services from those of others. To protect trademarks, businesses must register them with the U.S. Patent and Trademark Office (USPTO).

Trademark protection can last indefinitely as long as the mark is not removed from sale or use by another party without permission.

Covering Copyrighted Works

Copyrights protect original literary, dramatic, musical, and artistic works. The U.S. copyright office registers copyrights with the USPTO to provide federal protection.

Copyrights can be renewed for an additional 28 years, and they can be terminated by the U.S. government if not renewed.

Contractual Protections

Intellectual property contracts can provide additional protections beyond patent, trademark, copyright, and common law rights.

Copyrighted works can be licensed to others for specific purposes, such as in a film or book. Copyrights may also grant exclusive rights to a business's use of a trademark.