Intellectual Property Basics
Beverly Hills Intellectual Property Attorney
Trademarks, copyrights and patents are forms of intellectual property. Just like personal property, they can be assigned (transferred), sold or licensed (leased), both exclusively (sole tenant), or non-exclusively (simultaneous users) and restricted to use geographically.
Beverly Hills lawyer Cheryl Hodgson will help you identify the intellectual property you own and develop a plan to protect and maximize its value.
Trademarks
Unlike patents and copyrights, trademarks may exist at “common law;” based upon use. “Common law” is a constantly changing legal environment. For the maximum protection of your intellectual property rely on Beverly Hills lawyer Cheryl Hodgson. Ms. Hodgson stays informed of all the latest developments in trademark law. In addition, there is a dual system of registration, in each of the 50 states and the U.S. Trademark Office. It is exactly this sort of non-intuitive, sometimes arcane system that makes it all the more important to have an experienced hand guide you.
Copyrights
The U.S. Constitution grants protection to “authors” for their “writings”.
Common misconceptions about intellectual property protection
1. Copyrights do not protect ideas, but only the unique expression of an idea!
Example: Any one can design a toy bear (the idea), but one can not copy the unique features of someone else’s stuffed bear. The more the unique-looking the bear, the greater the protection it receives. The more ordinary-looking the bear, the less the protection it receives.
Ideas may, however, be protected by written agreement, commonly called a Confidential Disclosure Agreement, or in some instances, trade secret disclosure such as unpublished computer software.
2. Copyright does not extend to the title of a movie, book, or play.
A famous movie may, however, be protected from unfair competition when “acquired distinctiveness” can be shown (“secondary meaning” protection is available when the public comes over time to associate a specific title with a specific film), or through trademark protection for specific products marketed under the same name. When launching a branded entertainment product, registration for the ancillary products usually happens before launch of the underlying film.
3. One does not “copyright” a name.
The name of a particular company may be simply a corporate name, protected by state trade name case law, or subject to an assumed business name filing.
The “name” of a product or service may (subject to the rules discussed later) be registered as a trademark or service mark for the goods and/or services actually marketed and sold to the public under the name. A trademark signifies the distinctive brand of product being sold, and serves to distinguish goods and services from each other, and to prevent customer confusion in the market place as to the source of the goods or services.
Patents
The right to patent protection, like copyrights, is granted in the U.S. Constitution, Article 1, § 8. Patents are granted for a period of 17 years to “inventors” of a new product, method. The invention must be “reduced” to practice, i.e., it must be more than an idea.
Types of Patents:
- Design Patents
- Process or Method Patent
- Utility Patents
- Business Process Patents
- Drug Patents
Patents must be secured through drafting of “claims” after performing a search of existing registered patents. Patent attorneys are members of a special bar, admitted to practice before the U.S. Patent Office. Patents are based upon “invention” of a new process, product, method or design. A novelty search is often required prior to filing, and expertise in the field involved advised, such as, engineering, chemical, or biotech.
One of the greatest assets of your business is its intellectual property.
We would love to have you as part of our dream team of clients. Contact Beverly Hills intellectual property attorney Cheryl Hodgson to set up an appointment.
