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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