So, you've finally come with a concept that you feel confident will launch your business "through the roof." But before you start spilling your brilliant ideas to others at the corner deli, it may be necessary to consider the different methods available to help protect your ideas, or rather, your intellectual property.

One way to safeguard your invention or idea is to file for protection under U.S. patent, trademark, and copyright laws. The term "intellectual property" covers the content of a magazine article (copyright), the logo and styling of a product's box (trademark), the car radio's scanning function (patent), and a plastic company's manufacturing process (trade secret). However, it can be difficult to decide which of these is most appropriate for the protection of your work, i.e. some products or services require a patent, a trademark, and/or a copyright.

Understanding the Different Types of Intellectual Property
The U.S. Department of State defines the types of Intellectual Property as the following:

• Copyright - An exclusive right granted or conferred by the government on the creator of a work to exclude others from reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public. Copyright does not protect an abstract idea; it protects only the concrete form of expression in a work. To be valid, a copyrighted work must have originality and possess a modicum of creativity.



• Patents - are by far the most technically demanding branch of intellectual property. In the U.S., a patent is a grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention. There are three very different kinds of patents in the U.S.: 1. a utility patent on the functional aspects of products and processes; 2. a design patent on the ornamental design of useful objects; 3. and a plant patent on a new variety of living plant. Patents do not protect "ideas," only structures and methods that apply technological concepts. In return for receiving the right to exclude others from a precisely defined scope of technology, industrial design, or plant variety, which is the gist of a patent, the inventor must fully disclose the details of the invention to the public. This will enable others to understand the invention and be able to use it as a steppingstone to further develop the technology. Once the patent expires, the public is entitled to make and use the invention and is entitled to a full and complete disclosure of how to do so.



• Trademarks - A word, slogan, design, picture, or any other symbol used to identify and distinguish goods. Or, any identifying symbol, including a word, design, or shape of a product or container, that qualifies for legal status as a trademark, service mark, collective mark, certification mark, trade name, or trade dress. Trademarks identify one seller's goods and distinguish them from goods sold by others. They signify that all goods bearing the mark come from or are controlled by a single source and are of an equal level of quality. A trademark is infringed by another if the second use causes confusion of source, affiliation, connection, or sponsorship.



• Trade Secrets - These are perhaps the most straightforward: they cover information used in trade that provide a commercial advantage and are not known to the general public. They include things like a manufacturing process or a business' customer lists. A court decides whether a piece of information qualifies for trade secret protection by examining a variety of factors, most of which deal with how well-known the information is to the general public and what steps were taken to protect its disclosure.

What's next?
Searching the Internet and industry trade publications and directories is a good place to start. Protecting your intellectual property can be a short, simple process or a long, complicated one, depending on which route you take. For example, securing a copyright is much simpler than applying for a patent. Many people choose to apply for a copyright without the help of legal counsel, whereas the patent process is typically best left to the experts. Bottom line, do your homework and keep the following tips in mind:

• Use nondisclosure agreements. You may wonder how to build momentum among investors, business partners, and prospective hires while still protecting your trade secrets. A common approach is to make sure that anyone you share the information with signs a "nondisclosure agreement" (NDA) prior to your disclosure. Typical NDAs are designed to keep signatories from disclosing confidential information without the disclosing party's express consent.



• Working with attorneys. It is impossible to keep an idea under lock and key. All the physical protection in the world can't stop an employee from walking out the front door with your idea. The good news is that the court system is increasingly recognizing the value of intellectual property and is taking steps to protect your rights of ownership. A good intellectual property attorney is required for legal matters, but a company can perform a number of tasks itself, and a variety of resources are available to help.



• Establish good practices. According to Brad Thomas, co-founder and president of ip help, llc., an effective intellectual property program includes policies and procedures to cultivate, identify, protect, and capitalize on a company's intellectual property assets. A company should keep good records of its relevant intellectual property information, include a clear description of its intellectual property policies in the employee handbook, incorporate protective actions and measures into standard procedures, and ensure company departments know what can be disclosed to whom and when. An effective intellectual property review team could include representatives from the research, sales, marketing, operations, and accounting departments.

To find out more about intellectual property rights and the legal industry, visit this issue's useful links and the section outlining upcoming industry events.

SOURCES:
AllBusiness.com
BusinessFacilities.com
Intellectual Property Owners Association
U.S. Department of State's Bureau of International Information Programs