Patents:

Patents are the best protection you can get for a new and novel product, method, and/or design. A patent gives its inventor the right to stop others from making, using or selling the claimed invention throughout the United States. International patent protection is also available.

In general, a US patent will be issued for an invention so long as it:

-Is patentable subject matter (e.g., laws of nature are not patentable);

-Is new or novel. The invention must never have been made public in any way, anywhere, before the date of the application (subject to limited exceptions);

-Involves an inventive or non-obvious step;

-Has some useful purpose.

Patents are obtained through the U.S. Patent and Trademark Office. This procedure may take several years and can be complex. You typically need a patent lawyer to draw up the patent application for you.

Copyrights:

Copyrights cover novel works of authorship such as art, advertising copy, books, articles, music, movies, software code, etc. A copyright gives the proprietor the exclusive right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including payment for the right of reproduction. A copyright owner may grant or sell these rights to a third party; e.g., a publisher or recording company. Copyrights do not have to be registered, though registration with the U.S. Copyright Office holds many benefits. For example, registration is required to bring a lawsuit for infringement; it provides attorney’s fees and statutory damages; and provides a presumption that the copyright is valid.

Trademarks:

A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another to indicate the source of a good or a service. Trademarks are normally brief in nature. Some famous trademarks include Coca-Cola® and IBM®. Federally registered trademarks carry the well-known ® symbol and are granted by the U.S. Patent and Trademark Office. Unregistered trademarks carry the ^TM symbol. The federal registration of a trademark confers many of the same important benefits as registering Copyrights.

Service marks:

Service marks are trademarks used to identify the source of services.

Trade secrets:

A trade secret is generally defined as confidential business information which provides the business with a competitive edge. A trade secret right allows the proprietor of the right to take action against anyone who breaks an agreement or confidential relationship, or who defrauds or uses other improper means to obtain secret information.

Confidentiality agreements:

Confidentiality agreements are also referred to as non-disclosure agreements. The purpose of this type of agreement is to allow the holder of confidential information to share it with a third party. The third party is then obligated to keep the information confidential and cannot use it unless allowed to do so by the holder of the information.