posted Jan 17, 2013, 4:04 PM by Robert Crownover
It is all too easy to specialize and focus only on a single area of IP, like patents, trademarks, trade secrets, or copyrights. However clients generally have intellectual property that spans several of these rights simultaneously. Below is a chart that attempts to provide a thorough overview of the various IP rights.
The table below briefly describes the various types of intellectual property protection available. Some helpful links are included.
Property Type: | Scope of protection: | Type of protection: | Lifespan: | Remedies: | Plant Patent | New Plant variety, asexually reproduced | Used to prevent asexual reproduction, selling, or using the variety of plant. | 20 years from filing. | Damages, injunctions, Attorney's fees. | Utility Patent | Functional aspects of an idea, invention, or solution. | Used to prevent making, using, selling, importing, or offering the invention for sale. | 20 years from filing. | Damages, injunctions, Attorney's fees. | Design Patent | Ornamental design on an article of manufacture. | Used to prevent making, using, copying, or importing a similar design. | 14 years from issuance. | Damages, injunctions, Attorney's fees, infringer's profits. | Trademark | words, names, symbols, sounds, smells, trade dress. | Prevent consumer confusion, and deception. | Forever as long as properly used. | Damages, profits, punitive damages, injunction, seizure, statutory damages. | Copyright | Artistic expression | Used to prevent copying, distribution, performance or display of the expression. | Generally it is the life of the author plus 70 years. Many exceptions exist. | Statutory damages, damages, injunctions, and seizures. | Trade secret | Secrets having value from being secret. | Used to prevent misappropriation or improper disclosure. | Forever as long as the secret is properly maintained. | Damages, punitive damages, attorney fees, injunctions. |
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