#37unit 2intellectual property rights

Types of intellectual property protections

The main categories of IP protection.

Learning Objectives

  • List the three main types of IP protection.
  • Distinguish what each type protects.
  • Explain the duration of each protection.
  • Recognise how new technologies challenge each type.

Explanation

The three main types of IP protection are copyright (expression, life+70 years), patent (inventions, 20 years), and trademark (brands, renewable indefinitely). Each protects a different kind of creation.

There are three main types of intellectual property protection: copyright, patent, and trademark law. In the United States, the development of intellectual property law begins with the U.S. Constitution, which mandated Congress to devise a system of laws to promote 'the progress of science and the useful arts.'

Copyright law protects original forms of expression such as writings, art, drawings, photographs, music, motion pictures, performances, and computer programs from being copied by others for a period of time. Up until 1998, the copyright law protected works of individuals for their lifetime plus 50 years beyond their life. In 1998, Congress extended protection by 20 years, for life plus 70 years for individuals and 95 years for corporate-owned works (the Copyright Term Extension Act).

A patent grants the owner a 20-year exclusive monopoly on the ideas behind an invention. The congressional intent behind patent law was to ensure that inventors of new machines, devices, or industrial methods would receive the full financial and other rewards of their labor and still make widespread use of the invention possible by providing detailed diagrams for those wishing to use the idea under license. There are four types of inventions for which patents are granted: machines, man-made products, compositions of matter, and processing methods.

Trademark law protects words, names, symbols, sounds, or colors that distinguish goods and services from those of competitors. Federal trademarks are granted for a period of 10 years and can be renewed indefinitely, as long as the mark remains in use. Trademarks protect the public in the marketplace by ensuring that consumers get what they pay for, and protect the owner against piracy and misappropriation.

Key Points & Important Terms

Key Points

  • Three main types: copyright, patent, trademark.
  • Copyright protects expression (life+70 / 95 years).
  • Patent protects inventions (20 years, formal USPTO application).
  • Trademark protects brand identifiers (10 years, renewable indefinitely).
  • Each type balances public and private interests differently.
  • All three are challenged by Internet and e-commerce technologies.

Important Terms

Copyright
Protects original forms of expression for life + 70 years (individuals), 95 years (corporate).
Patent
Grants a 20-year monopoly on the ideas behind an invention.
Trademark
Protects words, names, symbols, sounds or colors that distinguish goods; 10 years, renewable indefinitely.
USPTO
United States Patent and Trademark Office — grants patents and registers trademarks.
Copyright Term Extension Act (CTEA)
The 1998 act extending copyright by 20 years.