Information often takes on a life of its own on the Internet. One area where this is especially true is in the popular misunderstandings surrounding intellectual property laws. There is never a shortage of online opinions offering advice to “patent” a story or “trademark” an idea. (Hint: neither of these suggestions really makes sense under the intellectual property laws.) It is always best to consult an intellectual property attorney to determine how best to protect intellectual property. However, here is a general run-down of types of protection available in the United States.
Patent – Patents protect the utilitarian design of an object. To qualify, the object or feature must be new, useful, and not obvious.
Trademark – Trademarks apply to distinctive signs or indicators of a source of goods. In theory, trademarks exist not to protect the mark’s owner, but to protect the consumer from confusion as to the origin of goods or services. Trademarks must be actively used or they may be lost.
Copyright – Copyright laws protect creative works of original authorship which are fixed in a tangible format. It is often referred to as a “bundle” of rights, because the owner has several related rights, including the right to copy, to distribute, and to create derivative works.
However, intellectual property rights are not an “either/or” question. For example, consider a distinctive chair. Depending on the circumstances, each form of intellectual property protection could apply to different aspects of it. The chair may include a novel utilitarian feature such as an ergonomic footrest, protectable under patent law. It may have creative, non-utilitarian features such as an unusual shape and color scheme, which may be protectable under copyright law. The chair may also be designed to coordinate with the supplier’s existing distinctive line of goods, serving to identify its source, bringing it into the realm of trademark law.