Patents - Utility patents cover any new and useful process, machine or composition of matter. Design patents cover any new, original and ornamental design for an article of manufacture. Issuance of a United States patent gives the owner exclusive rights to the invention for a specific period of time in the United States. No other party can make, use or sell the claimed invention without permission of the patent owner. Patent applications can also be filed in foreign countries and licensed for use overseas.
Patent protection is available for a computer program, if the program meets the above criteria.
If a company is accused of patent infringement and it owns patents, it may be able to bargain with the other party by offering a cross licensing of technology. If the inventors work for the company, they should execute an employee invention agreement in order for the company to prove ownership. If the technology development is outsourced, development agreements should expressly define ownership with the company for all intellectual property. Trademarks - Protection extends to a word, name or symbol which acts as a designation of the source of the goods or services. Trademarks and service marks include slogans, sounds and designs.