Four Types of Intellectual Property: patents, trademarks, copyrights & trade secrets
Channel: OC Patent Lawyer
Date: 2021-12-29

I explain how to use the four main types of #intellectual property to protect your idea or invention. After watching the video, check out https://ocpatentlawyer.com/four-types-intellectual-property-protect-idea/

Four main types of intellectual property exist. They are patents, trademarks, copyrights, and trade secrets. Each one protects an idea in a different way. Let's learn which one to choose to protect your idea. Otherwise, you'll just waste your money and time.

My name is James Yang. I'm a #patentattorney and an engineer. I've helped hundreds of clients, as their patent attorney for over 17 years, secured more than 400 granted patents and hundreds of registered trademarks. I also wrote Navigating the Patent System, one of the best sellers on Amazon.

Let's go through each type of intellectual property and how to spot and use them to protect your idea. 

Let s talk about #patents. The United States patent and trademark office grants, three types of patents. One is a #utilitypatent. The second is a #designpatent and the third is a #plantpatent.

A plant patent protects new asexually reproducing plants. In 2021, only 1,256 plant patents were granted by the USPTO out of more than 374,006 utility patents. If you need protection for a new plant, find a patent attorney who specializes in plant patents.

For utility and design patents, here's the strategy that I recommend to my clients to protect their inventions. If you have a #functionalidea, get a utility patent. If you have a product where its primary selling feature is in the way that it looks or its #ornamentation then get a design patent.

Oftentimes, inventors want to use a design patent to protect their functional product because a design patent is cheaper than a utility patent. If you do get a design patent, when you should've gotten a utility patent, you'll just waste your time and money. A competitor can steal your idea merely by making the product look different, even though it functions the same way.

If you want to know more strategies to protect your idea, please subscribe to my channel.

Next #Trademarks

Trademarks protect brands and identifies the source of the product or service. Brands can be almost anything. It can be a color. It could be a sound or it can be a logo. 

If you re just starting out, keep it simple. Just protect the name of your product. Don't worry about the logo and the color scheme. You can file a trademark application with the trademark office at www.uspto.gov.

#Copyrights:

Copyrights protect what we call works of authorship. If you created it and it's a product of your creativity, then you have a copyright in it. For example, authors and programmers have a copyright in their books and software. 

The last type of intellectual property is #trade secrets.

Trade secrets protect valuable secret information, such as vendor lists, customer lists and unique
manufacturing methods. You don't register your trade secret with any organization within the United States government. Instead, when you sue someone for trade secret misappropriation, you have to prove that you took reasonable steps to maintain the secrecy of your trade secret.

For example, did you prevent others from entering your manufacturing floor or your engineering department? Do you have agreements that protect your trade secrets?

More importantly, your invention is your trade secret. Before you start marketing it to others, get patent pending protection for your invention. Otherwise, when you start marketing your invention, you'll lose trade secret status for your invention, and you won t have either trade secret or patent protection.

In summary, get a utility patent to protect your functional idea.

Get a design patent to protect the look or ornamentation of your product.

Get a trademark to protect your brands.

Get a copyright to protect your works of authorship or your creativity

Use trade secrets to protect your secret valuable information.

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Chapters:
0:00 Introduction
0:39 Patents
2:08 Trademarks
2:37 Copyrights
2:53 Trade Secrets
3:52 Summary

The full article is found here: https://ocpatentlawyer.com/four-types-intellectual-property-protect-idea/

Website: https://ocpatentlawyer.com

#ocpatentlawyer #orangecountycalifornia #losangelescountycalifornia #intellectualproperty

Disclaimer: This resource is not a substitute for legal counsel. By using this information, you assume all responsibility.  If you want to hire me as your legal counsel, please schedule a consultation by calling me at (949) 433-0900 or using my online calendar (https://ocpatentlawyer.as.me/).