Understanding Intellectual Property: Patents, Copyrights, and Trademarks

Intellectual property refers to something that is the product of creativity, like a work of art, invention, or other work product. People can have rights to these products. The most common versions are patents, copyrights, and trademarks. An intellectual property attorney can help secure your rights, protect them from others, and defend you against claims from other people.

You do not need a lawyer to file a patent application with the USPTO. However, you may want to consult with an attorney to see if you need a lawyer for the process. The complexity of your invention and its similarity to any existing inventions can help inform your decision. One of the things that an intellectual property lawyer can do is help you describe the invention, because the description of the invention is how the patent office determines whether or not to grant the patent.

You do not need a lawyer to get a copyright. A copyright includes all of the rights that the author or creator of a creative work has over their own property. Almost all creative works have copyright- books, songs, movies, paintings, designs, software, and photographs. However, defending your copyright can get complicated, especially against people in foreign countries, where it can be far more difficult to enforce U.S. copyright law.

Not every use of your copyrighted material is a violation. Under the fair use doctrine, people can use copyrighted material for scholarly uses, parody, journalism, criticism, parody, and research. However, those uses may require acknowledgement of the original work.

The internet and the widespread use of social media have combined to create challenges for copyright holders. The Digital Millennium Copyright Act provides a means to enforce copyright online, while also providing a safe harbor for internet service providers.

When the owner of intellectual property finds someone infringing on their rights, they may send a cease-and-desist letter, asserting ownership and demanding that the violator stop the infringement.

A trademark refers to a business name or symbol. When it has trademark protection, other businesses cannot use it. Trademark infringement can cause lost businesses, because people may mistake the other company for your company. It can also lead to a longer-term loss in business if the company using your trademark has other shady business practices. A lawyer can help you stop them from using your name in their business.