A Comparison of Various
Types of Intellectual Property
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Utility Patent |
Design Patent |
Trade Secret |
Copyright |
Trademark |
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What is protected? |
Products, processes, compositions, functions |
Cosmetic appearance |
Knowhow |
Original expression of an idea |
Customer's idea about the source of the product or service. |
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What is forbidden to others? |
Using the claimed invention. |
Making something that looks the same. |
Unauthorized use or dissemination by someone who has been let in on the secret. |
Copying the expression |
Confusing the customer. |
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How is the right established? |
Examination |
Examination |
Use in trade. |
Origination |
Use in trade |
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What is needed to get protection? |
The invention must be: disclosed in detail. It must be new; useful; and not obvious to a skilled person. |
Cosmetic appearance must be new and not obvious. |
Knowhow must be well defined, not generally known, and must be safeguarded. |
Concrete realization of the expression. |
Mark must be distinctive rather than descriptive |
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How long does protection last? |
Less than 20 years. |
14 years (US) |
Until someone spills the beans. |
50-100 yrs. |
As long as it is used. |
Note that there is no column labeled "Idea". A concept or idea, by itself, is NOT protected by intellectual property law.
There is also no column labeled �Utility Model�. Many
countries (but not the
David A. Kiewit
Registered Patent Agent
St. Petersburg FL 33705-5305
+1 (727) 656-0669 voice
+1 (760) 841-0989 fax
questions to: [email protected]
Copyright 1999-2017 by David A. Kiewit
All rights reserved
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