Copyrights, patents, trademarks, and licenses are distinct forms of intellectual property protection recognized under U.S. law, each serving specific purposes. As a business owner, it is crucial to discern the differences between them, although the distinctions can be nuanced, and a single product or service may necessitate multiple forms of protection. Continue reading to grasp the disparities when determining how to safeguard your company’s assets.
Copyrights
In the United States, copyrights safeguard the rights of “authors” concerning original creative works, encompassing artistic creations like paintings, novels, songs, and films. Moreover, they extend to business-related works such as website designs, software code, marketing reports, architectural drawings, and product manuals. Copyright grants the author exclusive rights, including reproduction, performance, display, publication, filming, recording, and the creation of derivative works. Protection is automatic upon fixing the work in tangible form, lasting the author’s life plus 70 years or 95 years if the company is the author. While copyright registration is optional, it provides legal benefits.
Patents
Patents are exclusive property rights lasting 20 years, granted by the USPTO to “inventors” for their inventions. Patent owners can exclude others from reproducing, using, or selling the patented invention. Utility patents, covering new and useful processes, machines, articles of manufacture, or compositions of matter, are the most common. To obtain a patent, one must demonstrate the invention’s usefulness, novelty, and non-obviousness. Other types include business method patents, design patents, and plant patents, each serving specific purposes.
Trademarks
Trademarks encompass symbols, words, slogans, designs, or logos identifying the source of a service or product, distinguishing it from others. Owners can prevent businesses from using confusingly similar marks. In the U.S., trademarks can be protected through registration with the USPTO or automatic rights acquired through use in commerce. While registration offers nationwide rights, unregistered trademarks are limited to specific geographic areas.
Licenses
Licenses, distinct from intellectual property protection, are contractual agreements transferring intellectual property rights from the owner (Licensor) to a third party (Licensee). These rights can be exclusive or non-exclusive, with Licensees paying royalties to Licensors for the privilege. Royalties typically represent a percentage of revenue generated from products using the protected intellectual property.
If you require assistance with Copyright, Patent, or Trademark registration in Florida or have concerns about granting licenses, Jurado & Associates, P.A. can provide the necessary guidance. Contact us at (305) 921-0976, email [email protected], or WhatsApp atĀ +1 (305) 921-0976.
