Matthew L. Cole - The Complete Guide to Patents, Copyrights, and Trademarks: What You Need to Know Explained Simply

Introduction

If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.

Thomas Jefferson noting how intellectual property is different from other kinds of property in a letter to Isaac McPherson, Monticello, August 13, 1813

So you have written a novel, designed a new invention, or created a super logo to be the face of your company. Now what? You have taken the first step in ensuring that your ideas are protected: investing in this book protects inventions and logos. You will want to read the entire book since several areas overlap and because protecting your products, writing, and creations is good business. Copyrights, trademarks, and patents are considered intellectual property.

There are four fundamental forms of intellectual property that can be protected: patents, copyrights, trademarks, and trade secrets. Each form of intellectual property has a distinctive purpose in helping individuals and businesses protect their business assets. This book will explain the types of items that can be protected, the extent of the protection, the geographical areas where the protection extends, and the time the protection is made. This book is but one tool to be used on your path to copyright, patent, and trademark ownership.

Intellectual property law and policy are all about innovation, both encouraging it and protecting its fruits. However, these are potentially opposing, perhaps even incompatible, goals. If we reward one innovator with a monopoly over the fruits of the innovation, prohibiting others use of those fruits, we risk preventing the next round of innovation. The challenge to lawmakers is to strike an appropriate balance between reward and innovation by pitching the length of the monopoly at the right level, both in the breadth of its coverage and the length of its term, beyond which others might also use it. Intellectual property ownership includes any work of authorship entitled to protection under the copyright laws.

The legal system grants definite rights and defense for owners of property. The kind of property that results from the hard work of writers, inventors, and companies is called intellectual property. Rights and protections for owners of intellectual property are based on federal patent, trademark and copyright laws, and state trade secret laws. In general, patents protect inventions of tangible things, copyrights protect a variety of forms of written and artistic expression, and trademarks protect a name or symbol that ascertain the source of goods or services.

Why should your intellectual property be copyrighted, patented, or trademarked? The answer is for the commercial value, which stems from your ability to control and exploit its use. If you were unable to reap the rewards of the ownership of your ideas, they would not bring you any wealth. If Walt Disney had not taken a chance by making a full-length animated motion picture in 1937, there would be no Disney empire today. Despite being told that it was destined to fail, Disney made the feature film and, using copyright law, prevented others from taking his idea and reselling it. By using his ownership of the copyright of this film, he helped to create a monopoly on the animated film business for many years, ensuring the success of the Disney empire of today.