Equal Access To The Law - Trademark & Copyright Library - Low Cost Mistake-Free Legal Document Preparation

INTRODUCTION

Patents, trademarks, copyrights and trade secrets...together, they are called Intellectual Property; and together they can be some of the most valuable assets of a business. The wise business owner will review his own company’s activities in each of these areas, list possible assets that could be covered by each form of protection, and evaluate their commercial importance to the company. Many forms of protection require minimal expense; and fairly modest expenditures to develop enforceable agreements and forms for routine use can pay significant dividends in enhanced protection. With the assistance of attorneys experienced in Intellectual Property Law, the business owner can develop a realistic plan and budget for acquiring, protecting, marketing and enforcing the company’s intellectual property rights.

United States Constitution, Article 1, Section 8, Clause 3: The Congress shall have power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

United States Constitution, Article 1, Section 8, Clause 8: The Congress shall have power... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

The creators of the United States Constitution wrote a document of enduring strength and broad scope, which is the foundation for all of today’s federal laws. Our laws protecting patents, copyrights, and federal trademark rights all have their basis in this amazing document, written more than 200 years ago. In addition, our states have chosen to provide further protection for intellectual property through trade secret laws and state trademark legislation.

"Intellectual property" is a term referring to patent, trademark, copyright, and trade secret rights. The words "intellectual" and "property" are aptly used in this context. "Intellectual property" is a form of property. It may be owned, sold, and licensed, and will be protected by law. The specific property rights protected are products of the intellect-inventive, literary, artistic, and other unique creations of the mind.

A major purpose of our national and state laws protecting intellectual property is to foster creativity, progress, and the prosperity that follows. Each of the types of intellectual property (patents, trademarks, copyrights, and trade secrets) is provided a different variety of protection and has a different set of criteria for qualifying for that protection.

This section briefly outlines the general characteristics and benefits of the four types of intellectual property. It will familiarize you with the basics, but is only intended to cover the highlights and is no substitute for the assistance of a qualified attorney should you need specific advice. Patent attorneys, for instance, must have passed a special qualifying examination and must be registered by the Patent and Trademark Office to represent clients applying for patents. The use of a knowledgeable professional can avoid expensive and time-consuming pitfalls in applying for protection of your intellectual property, and the possible inadvertent loss of important rights.

Protection is available in most countries for most forms of intellectual property, but we will focus hereafter on protection in the United States. A few cautions concerning major differences between most foreign countries and the United States are mentioned as well but you should consult experienced counsel for advice in those particular countries as there is wide variation and changes are always occuring.

//