Forms of Intellectual Property

Patents

  1. Type of works: New/useful process, machine, manufacture, or composition of matter

  2. Legal Standards: Novelty, Nonobvious, Utility, Disclosure

  3. How it’s Acquired: Invention + Application Process

  4. Source of Law: 35 USC §§; exclusively Federal; appeals to a single US Court of Appeals.

  5. Length of Term: 20 years from patent application

Trademarks

  1. Type of work: Distinctive ‘mark’ or product appearance

  2. Legal Standards: Distinctiveness, and/or secondary meaning

  3. How it’s Acquired: Registration & “ use in commerce” for Federal Protection

  4. Source of Law: 15 USC §§ and state laws

  5. Length of Term: No term limit, as long as it’s distinctive and continues to be used

Copyrights

Other Regimes