SOME INFORMATION ON INTELLECTUAL PROPERTY

Resource Center » Some Information on Intellectual Property

Intellectual Property (IP) is defined by the U.S. Patent and Trademark Office as the product of an imagination that can be touched, seen, or felt. The three categories of IP which qualify for a patent are:

Utility – protects useful processes such as machines, manufactured items, and compositions of matter. Examples include computer hardware, medications, and fiber optics.
Design – prevents unauthorized use of new, original, and ornamental designs of manufactured items. Examples include the design of an athletic shoe, of Disney cartoon characters, and of promotional items.
Plant – protects invented or discovered plants reproduced asexually. Examples are hybrid tea roses and Better Boy tomatoes.

Though some intangibles, such as an idea, are considered Intellectual Property, there needs to be a public or commercial use factor involved in order for it to be patented. For instance, in order for Alexander Graham Bell to protect his concepts and design of a communication system such as the telephone, he had to protect his creative idea with a patent even though it was still in an early phase. These patents are also considered Intellectual Property.

Information in a database, business ideas, and components of an experimental drug are other intangibles that are considered IP. Despite that a tangible form exists (such as backup discs of the database, a business plan document, or written notes on an experiment), these things still fall under the category of intangibles.

Intellectual Property is not always owned by its inventor or creator. In large corporations, much of the work is done through individuals who research and develop new technology, but that technology will be owned by the corporation which employs those individuals.

Stop Fakes – a government web site that educates on IP
Electronic Freedom Forum – a consumer organization, composed of lawyers, technology experts, activists, and political analysts, which fights for protection rights of IP
American Bar Association – offers legal resources and keeps up with relevant cases and law changes on IP
IP Magazine – keeps consumers and attorneys abreast of current events related to IP
Export – a U.S. governmental agency protecting IP abroad

Copyrights provide protection on intangible creations once they are fixed in tangible form. For example, story or lyric ideas must be recorded and the words must be put down on paper. At that point, the creator is the authentic owner of that work and an official copyright is not even necessary so long as there is an audio or video recording with the date on the file.

Photo Secrets – explains the process of copyright and deals with photographs. A complete background of copyright history, the © symbol, how to copyright photos, what is not protected under copyright, and fair use.
Copyright – contains the answers to frequently asked questions about copyrighting created works. Includes links for additional information on specific topics and has an electronic registration system for getting a copyright.
Free Advice – has a legal section of their web site and gives information on copyrighting law and what types of works can be copyrighted.
Templetons – a web site by a former publisher lists the 10 abounding internet myths about copyright.
Ask Dave Taylor – asked an author to elaborate on the process of copyrighting a book. There are links included to assist with forms and submission.

Trade secrets differ from patents and copyrights because it only protects against misappropriation or wrongful acquisition of a company’s secrets it has taken appropriate steps to keep confidential.

IP Watchdog – has a U.S. Patent attorney explain what they are and what you need to do if misappropriation occurs.
Marketing Today – an oversight organization for marketing in the digital age. This page offers an attorney’s answers on various trade secret topics and offers further resources.
NoLo – a well-known legal companion site. Their trademark resource page offers links to multiple entities and forms.
Fair Opinion – is an expert witness service and has an extensive article on legal proceedings on misappropriation of trade secrets.
Jury and Verdict – tracks court cases and rulings under IP which can set precedents on existing law.

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