Intellectual Property Law
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Inventors Handbook

A. Protecting the Idea

1. Intellectual Property Right Protection

Intellectual property rights typically refer to the rights granted under patent, trademark and copyright law.

Patents

A patent is the grant of an exclusive right to an inventor, to exclude others from making, using, offering for sale, selling, or importing an invention into the US for the duration of the patent. A patent is not an affirmative right to manufacture, use, sell or import the invention. Patents are considered personal property and the rights in a patent may be transferred, sold, mortgaged or licensed by an owner, just like any other personal property. The United States Patent and Trademark Office (USPTO) is the government agency that issues patents.

Trademarks

By contrast, a trademark is a word, name, symbol or device which indicates the source of a product and renders a unique identity to the product. Service marks identify and distinguish the source of a service. While a Trademark prevents others from using a confusingly similar mark, it cannot prevent others from making or selling the same products under a clearly different mark. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks. Trademarks, like patents are issued by the U.S. Patent & Trademark Office.

Copyrights

Copyright protection extends to authors of creative works. Creative works comprise any creative expression fixed in a tangible medium. A copyright grants the owner the exclusive right to reproduce, copy, perform, display or prepare derivative works of the copyrighted work. Examples include novels, fine and graphic arts, musical compositions, musical sound recordings, photography, software, and audio visual works. Copyrights prevent others from using, copying or commercially exploiting original works of expression without the permission of the owner of the copyright. Unlike patents and trademarks, copyright registrations are issued by the U.S. Copyright Office.

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