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Intellectual-Property

What is Intellectual Property Law?

There's no denying that intellectual property law is a rapidly growing area of law. It's involved in many different ways in our daily lives, whether we're aware of it or not. One question remains, however: what exactly is intellectual property?

Areas of Intellectual Property

Intellectual property law encompasses several different area of law. Though different, these areas of law all involve the protection of exclusive rights in creation. Having an exclusive right means that nobody but you, as owner of the right, can use the protected subject matter. If somebody else makes an unauthorized duplicate or copy of your protected work, they are generally liable for infringement.

Patent Law

Patent law is one category of intellectual property law. A patent is the exclusive right to use, manufacture or sell an invention. Whether something can be patented is defined by federal law. Usually, patentable inventions can include any device, machine, design or process as well as any useful modifications or improvements. An MP3 player is an example of a patented mechanical device. In order to obtain a patent, you must file with the U.S. Patent and Trademark Office (USPTO). The length of time a patent lasts is usually 20 years.

Copyright Law

Another category of intellectual property law is copyright law. Similar to a patent, a copyright is also an exclusive right that permits the owner to use the copyrighted work in any manner he or she sees fit. Unlike in patent law, which typically covers scientific and technical advances, copyrights protect creative and artistic works. An MP3 player is not copyrightable, but the music you play on it is. The Copyright Act of 1976 sets out the specific rules and parameters for what can be copyrighted and for how the copyright will last.

Trademark Law

A trademark is a symbol, a picture, a phrase or even a single word that is used to identify a specific product to the public. There are images or expressions that we associate with a particular brand of goods. For example, when you think about a piece of fruit you may be thinking about an apple, but when you're thinking about a type of MP3 player, you're thinking of Apple™.

Other Categories of Intellectual Property Law

These are only three areas that are covered by intellectual property law. Intellectual property law includes other areas such as trade secrets, unfair competition, publicity rights and moral rights. So if you have an idea or an invention, an attorney can show you how to protect it.