The faculty and staff at the UAB Libraries are not lawyers and cannot provide legal advice. The services of the UAB Libraries are only intended to help educate you about searching for patents and other intellectual property materials. For legal advice, please consult a licensed lawyer.
The US Patent and Trademark Office (USPTO) offers a tool to help you decide what kind of intellectual property (IP) your work qualifies as - trademark, patent, copyright, or trade secret - based on a few questions. Give it a try if you're not sure what to pursue for your invention!
Intellectual property, as defined by Hayden Horner for his 2023 article for the Engineering Institute of Technology, "encompasses legal rights that protect intangible creations of the human mind, including patents, trademarks, copyrights, and trade secrets. These forms of IP grant exclusive rights and control over use, reproduction, and distribution. IP fosters innovation, creativity, and economic growth." There are several methods for legally protecting valuable ideas that you've created: patents, trademarks, and copyright. But which of these should you pursue to protect your new invention? Let's take a look at some descriptions and examples from the U.S. Patent and Trademark Office (USPTO).
| What's Protected? | Examples | Duration of Protection | |
|---|---|---|---|
| Utility Patent | Inventions | iPod, chemical fertilizer, process of manipulating genetics traits in mice | 20 years from the date of filing regular patent application |
| Design Patent | Ornamental (non-functional) designs | Unique shape of electric guitar, design for a lamp | 15 years |
| Plant Patent | Newly invented plants | Flowering plants, fruit trees, hybrid plants | 20 years from filing date |
| Copyright | Books, photos, music, fine art, graphic images, videos, films, architecture, computer programs | Michael Jackson's Thriller (music, artwork and video), Windows operating system | The life of the author plus 70 years (or some works, 95 years from publication, and others 120 years from creation) |
| Trade Secret | Formulas, methods, devices, or compilations of information which is confidential and gives a business an advantage | Coca-Cola formula, survey methods used by a pollster, new invention for which patent application has not been filed |
As long as information remains confidential and functions as a trade secret |
| Trademark | Words, symbols, logos, designs, or slogans that identify and distinguish products or services | Coca-Cola name and distinctive logo, Pillsbury doughboy character | As long as mark is in continuous use in connection with goods or services - renew by year 6, then at year 10, then every 10 years |
USPTO. (2019, September 13-14). Patents, trademarks, and copyrights: An overview of intellectual property [Conference presentation]. Invention-Con 2019, Alexandria, VA, United States. https://www.uspto.gov/sites/default/files/documents/Patents%20Trademarks%20and%20Copyrights.pdf
For more information about the USPTO, patents, and trademarks, you can sign up for free webinars from the USPTO. The USPTO website also has a variety of learning opportunities and resources available for the public.
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