An Overview of Intellectual Property Rights

Some of the world's most valuable property is intellectual property—but it can become worthless if you don't know how to protect it.

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an overview of intellectual property rights

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Updated on: February 14, 2023
Read time: 3 min

We are living in a golden age of intellectual property (IP) rights. IP is an essential asset to the world's most valuable companies. If you are a professional, you should be sure to understand the kinds of IP protection and your rights.

Here, get to know the four essential types of IP rights.

An Overview of Intellectual Property Rights

1. Trade secrets

A secret is the fundamental form of IP right. There is nothing safer than a secret you keep from the world. It is a powerful proxy to what IP protection intends to create—exclusivity for your ideas. Appropriate IP protection allows you to share that secret with the world.

Should your product have a secret formula or be made by a secret process, you can use the law to help keep those elements secret. A trade secret requires careful control and management: You must demonstrate the secret is under lock and key. Maintain that protection, and the courts will help you or your business enforce the contracts and trade practices to keep that secret.

Other IP rights are intended to give alternatives to secrets. A great example is a patent.

2. Patents

A patent grants an inventor exclusive rights to an invention for a limited period of time. In return, the inventor must write a technical description of the invention. It must be written in a way that other similarly skilled professionals could recreate it. A patent the opposite of a secret. It encourages inventors to publicize their inventions in return for the exclusive rights to make, use, or sell the invention.

Patents are complex technical documents that require significant effort to draft and file. The inventor must negotiate with the patent office and argue that the invention is something novel.

Patents clearly claim, in precise language, what the inventor owns. Compare that with something a bit more abstract and artistic, like a copyright.

A patent describes technical innovation, while a copyright covers creative expressionCopyright infringement may hinge on the similarity of a chord progression or the overlapping elements of a character. Copyright, by its very nature, is a more abstract legal right.

An author owns the rights to their works the moment they spring from the pen. Those rights cover an essay's words or the form of a drawing as the author created them. They also extend to variations, depending on the underlying creativity of the work. If you're writing directions on how to shampoo your hair, then a small change to the directions may be sufficient to get around a copyright. For a genre-defining one-act play, even changing the characters and setting may not be enough to get around a copyright.

Copyright has to be for an abstract work. Trademark rights, however, can get even more abstract.

4. Trademark

It can be tricky to put your finger on what, exactly, trademarks protect. They don't protect the name or the design of the logo. They protect what that logo represents. When you walk into a Starbucks, you have a specific expectation. The fact that you know the Starbucks name, recognize its brand, and understand the products it sells did not happen by accident. The business built that brand and invested money to create the customer relationship.

How much of the relationship can competitors copy? Trademark litigation often hinges on research among customers about confusion as to the source of goods. Do all green-aproned baristas serve Starbucks? How about a coffee shop decorated with photos of Pike's Place Market?

Trademarks, like all IP rights, encourage creativity by providing creators with exclusive rights to their creations. The trick is knowing which kind of IP protection grants the rights you need and where those rights end.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

51 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
52 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
58 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
63 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
107 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
101 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
120 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
147 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
155 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
163 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
318 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
559 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1197 days ago
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Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1303 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1581 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1741 days ago
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LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

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