What is Intellectual Property

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What is Intellectual Property?

Generally, intellectual property is broadly defined as any invention, creation, innovation, discovery or improvement. Intellectual property embraces such items as trademarks, copyrights, trade secrets, and any creation that would be eligible for a patent. Generally, the intellectual property must be relatively unique in order for it to be protected.

Who is the Owner of Intellectual Property?

Generally, whoever does the inventing, creating, innovating or improving is the owner of the intellectual property. There are some exceptions:

Employees - If an employee creates intellectual property within the scope of their employment, generally, the employer owns the intellectual property.
Independent Contractors - The intellectual property created by an independent contractor, within the scope of the independent contractor's assignment or contract, is generally owned by the independent contractor. This can change if the independent contractor and the company for which she is employed have a contract stating otherwise.

Intellectual Property Infringement

Intellectual property infringement occurs when another person, or organization, uses the intellectual property of another without permission.

Confusingly Similar

Infringement also may occur when another person or organization uses intellectual property that is sufficiently similar to something already in existence. This other person or group must be using it for a relatively similar good or service to the good or service for which the original was created.

Protecting your Intellectual Property?

There are varying ways to protect your intellectual property, depending on what type of intellectual property you own.

Trademarks - A trademark is a word, phrase, logo or other symbol, used to identify a product, the source of a product and the manufacturer or merchant. You can register a trademark with the U.S. Patent and Trademark Office.
Copyrights - A copyright is a right to prevent others from using your originally authored work. An owner and creator of original work can register a copyright at the U.S. Copyright Office.
Patent Protection - Inventions that are new and non-obvious can be protected through a patent. You can apply for a patent at the U.S. Patent and Trademark Office.

Should I Consult an Attorney for my Intellectual Property Issue?

An attorney can help you meet all the deadlines and fulfill all the requirements. A lawyer can also participate in on-going research to make certain no one else is using your intellectual property without your permission. Additionally, if you have an issue of intellectual property infringement, an attorney can guide you through the difficult and strict procedural requirements for litigation and bring out the core of your case.

Vea esta página en español: Leyes de Bienes Intelectuales o visita Abogados-Leyes.com para más información legal.

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