Intellectual Property

What is intellectual property?

Intellectual property refers to intangible creations made with the human mind. This includes the following:

• Inventions
• Updated processes
• Artwork
• Literature
• Symbols
• Names
• Designs

These assets can have monetary value, even if they’re intangible and haven’t been used with physical products. 

Non-tangible assets like intellectual property can be difficult to protect without certain legal instruments. This includes patents, copyrights, trademarks, and trade secrets. The type of intellectual property protection needed depends on the type of intellectual property you’re protecting.

Intellectual property FAQs

What are the four primary types of intellectual property?

1. Patents provide legal protection for inventions, including tangible products, designs, novel processes, and improvements on existing designs and processes.
2. Copyrights provide legal protection for literary and artistic works, including books, films, artwork, and music.
3. Trademarks provide legal protection for symbols, brands, names, logos, and other distinguishing characteristics.
4. Trade secrets provide legal protection for confidential business information, including recipes, processes, programs, and more.

How do I protect my intellectual property?

You can protect your intellectual property by filing for protection with the United States Patent and Trademark Office (USPTO). They oversee the issuance of patents and trademarks. Creative works like literature, music, and artwork are automatically protected by copyright law, however, you can register your copyright with the U.S. Copyright Office for an extra layer of legal protection. 

If you have trade secrets, you may want to work with an attorney to draft confidentiality agreements, work-for-hire agreements, and other legal documents. 

What is an intellectual property rights (IPR) violation?

An IPR violation happens when someone uses your intellectual property without your permission. If you suspect someone of violating your rights, you can send a cease and desist letter to ask them to stop using your property. If they continue to violate your rights, you may be able to take legal action against them.

Does a company own an employee’s intellectual property?

It can if the company asks the employee to sign a work-for-hire agreement. This agreement indicates that the work and intellectual property created by the employee during the course of their duties are the property of the company, not the employee. Work-for-hire agreements mean the employee can’t take their intellectual property with them when they leave the company and use it to benefit another company.