What types of intellectual property protection are there and which ones apply to my business?

As a lawyer, I can inform you that there are four main types of intellectual property protection available for businesses: patents, trademarks, copyrights, and trade secrets.

Patents protect inventions, processes, and designs that are new, useful, and non-obvious. There are three different types of patents: utility patents, design patents, and plant patents. Utility patents protect processes, machines, manufactures, and compositions of matter. Design patents protect the ornamental design of an article of manufacture. Plant patents protect new varieties of plants that are asexually reproduced.

Trademarks protect words, phrases, symbols, or designs that identify and distinguish the source of goods or services. It is used to prevent others from using a similar mark that may confuse customers. Trademarks cannot be functional and must be distinctive.

Copyrights protect original works of authorship that have been fixed in a tangible medium of expression. Copyright protection extends to literary works, musical works, dramatic works, pictorial, graphic, and sculptural works, sound recordings, and architectural works. The owner of a copyright has exclusive rights to reproduce, distribute, display, perform, and make derivative works based on the original work.

Trade secrets are confidential and valuable information that provides a business with a competitive advantage. It can include formulas, strategies, designs, customer lists, and other confidential information. Trade secrets are protected under state and federal law.

It is important to evaluate which type of intellectual property protection applies to your business based on the product or service that you offer. For example, if your business is in the technology industry, patents and trade secrets may be more relevant. If you are offering a unique brand, then trademarks may be more applicable.

It is advisable to consult with a licensed attorney who specializes in intellectual property law as there may be specific limitations or exceptions to each type of intellectual property protection. Additionally, an attorney can provide guidance on registration, enforcement, and infringement issues.