Americans are known for being creative and inventive people. Given this, individuals in a wide variety of fields will collaborate as teams to bring an invention or another important project to fruition. Others, however, may choose to work on their endeavors in isolation. Since these and other types of projects are considered to be intellectual property, protecting this work from being stolen or infringed upon is often an ongoing and significant concern.
How to Protect Intellectual Property
The type of intellectual property involved will determine what specific type of protection is needed. The four types of available are patents, trademarks, copyrights, and trade secrets. In some instances, there may be some overlap and more than one form of protection may be required.
A Brief Overview of Patents
The first American patent law came into effect during 1790. According to the United States Patent and Trademark Office (USPTO), Samuel Hopkins received the very first one on July 31, 1790. It was issued for Hopkins’ specific process to create potash, which was a fertilizer ingredient.
Since 1790, there have been quite a few of these important documents issued within this country. In order to qualify for and be issued one of these important legal documents, three criteria need to be met. Usefulness, novelty, and non-obviousness all need to be present to even be considered. There are also three different types as defined by the USPTO: Utility, design, and plant patents.
A form of unique packaging, for example, might meet the requirements for a design patent. This might include the specific size or shape of a soft drink bottle or another type of beverage container. The most common type, however, are utility patents. The USPTO stated that approximately 90% of the documents they have received were for this type of patent. It’s important to note that both design and utility patents are issued for specific time periods. Design patents are protected for 14 years and utility patents are protected for 20.
International Patent Applications
In 2016, the USPTO issued 303,051 domestic patents. In addition to domestic applications, international patent applications were also prevalent. The fields of digital communication and computer technology are both fertile grounds for development. In fact, these two categories were at the top of the list for international applications during 2016.
When to Consult With a Patent Lawyer
One of the benefits of working closely with a patent lawyer is that they can provide you with detailed information on the patent process as well as the nuances of protecting your intellectual property. In 2016, a large number of patent suits were filed. This amounted to 4,537, as reported by Lex Machina, a legal analytics firm. If an individual, business, corporation, or another entity has stolen or otherwise infringed upon your property rights, this is yet another reason to consult with an attorney.
