Intellectual Property: The Basics

What does KFC’s fried chicken, Thomas Edison’s invention of the lightbulb, and Tarantino’s Pulp Fiction, all have in common? They are all forms of intellectual property. With each being so different from the last, the natural question that comes to mind might be, “What is intellectual property?” Intellectual property (IP), unlike real property, consists of inventions, art, or any other works that have been derived by human ingenuity.

Along with intellectual property, comes intellectual property law, which in most cases, provides creatives with the exclusive rights to the work, or in other words, a legal monopoly to use, share, or sell their creations how they please.

There are a few different types of intellectual property covered by law and each one differs slightly in the subject matter that may be protected. According to the World Intellectual Property Organization (WIPO), there are six types of international property covered by international law consisting of copyrights, geographical indications, industrial designs, patents, trade secrets, and trademarks.

Copyrights are the rights afforded to the “authors” of original works of art or literature that include:

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1. Advertisements

2. Books

3. Computer Programs

4. Databases

5. Films

6. Maps

7. Music

8. Paintings

9. Sculpture

10. Technical Drawings

Geographical indications are signs that certain goods have originated from specific locations that possess a reputation for having a level of quality that products from the region possess. Wine afficionados may be somewhat familiar with this as French wines are marked with such appellation certifications as Appellation d’Origine Contrôlée to ensure that the reputation of regions, remains undamaged by counterfeit wines. Fun fact: “Bordeaux” wine, by law, is only produced in the Bordeaux region of France.

Industrial designs, or design patents grant inventors or owners, the exclusive rights covering the ornamental design of an invention.

Most of the time when you hear people speak of patents, they are referring to a utility patent, which as the name suggests, grants the exclusive rights to an invention that has some sort of functionality. Although this is the most common type of patent, a design patent is still a patent at the end of the day, and it would be unfitting to leave it out of this category.

Have you ever wanted to know the eleven-spice blend that makes up KFC’s fried chicken recipe? How about the Coca-Cola formula or, perhaps, Google’s search algorithm? Unfortunately, each one of these is only known by a very select handful of individuals and therefore, these are examples of trade secrets. Trade secrets are IP rights covering confidential information that provides its owners with an advantage over its competitors. Unlike the other forms of IP coverage, trade secrets are not required to be publicly disclosed, and therefore the owner of the information gets to maintain a monopoly over the information.

Dating back to the earliest of times, when craftsman would stamp their crest, seal, or “mark” on their products, trademarks have been a way to tell consumers that a product was made by or hails from a specific company. Trademark rights may be granted to logos, colors, words, phrases, and even scents, as Playdough has the rights to the unique aroma of its putty.

There are many types of intellectual property and so for inventors, creatives, entrepreneurs, and investors, it is important to know what the differences are in order to make an informed decision about which one fits your needs the best.

If you believe that you may have a patentable invention, but are unsure whether you would be able to obtain a patent, please feel free to contact me at mgeorgia@ipcleveland.com with any questions.

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