L. Donald Prutzman_New York Information Technology Attorney

Intellectual property is an intangible property right that can be protected under federal law, or sometimes also state law. Intellectual property rights include copyrights, trademarks, patents (both utility and design) trade secrets and certain other rights. Intellectual Property (IP) can also be defined as an intangible creation of the human mind, usually expressed or translated into a tangible form of some sort.

Patentable inventions include those that are new and made from a useful process, machines, manufactured articles, or compositions of matter, or any new and useful improvements. The inventions must be: · statutory (subject matter eligible); · novel; · useful; and · non-obvious.

A patent is a limited duration intellectual property right relating to an invention, granted by the United States in exchange for public disclosure of the invention. Patentable inventions include machines, manufactured articles, industrial processes, and chemical compositions. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one party from those of others. A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

A provisional patent application is a simplified way of initiating the patenting process at reduced cost. It must, however, be followed up within a fixed time period with a full patent application before a patent can be obtained.

Yes, unless a foreign work is involved, you need to have registered a copyright before you can file an infringement suit. Additionally, although copyright protection exists from the moment a work is fixed in a tangible medium of expression, copyright registration before infringement occurs allows a copyright owner to obtain statutory damages (i.e., a damage award not based on actual damage) and to recover attorneys’ fees incurred to bring the infringement suit.

Software can be protected in the U.S. under patent or copyright law. Patent protection for software is limited. Whether it is potentially available requires the advice of a competent attorney. Copyright protection is more easily available, but the protection is not as strong.

The U.S. Patent Act sets forth the general requirements for patent protection. Patentable inventions include those that are novel and useful. Patents can be obtained for a process, a machine, a manufactured article, a composition of matter, or any new and useful improvements. The inventions must be: · statutory (subject matter eligible); · novel; · useful; and · non-obvious to a person skilled in the relevant art. The Statute identifies four types of inventions that are patentable, namely processes, machines, articles of manufacture, and compositions of matter. If an invention does not fall within one of these four categories, the invention is not patentable.

Generally Patent protection lasts 20 years from the date the application was filed subject to payments for maintenance as stipulated in the law.

· Exclusive ownership of the patented product. This right to exclude others from making, using or selling the product or invention; · Be free from commercial exploitation; · To license other Parties to use the patent owner’s invention; and · The right to offer for sale, or use their product as desired within the confines of the law.

There are several ways you can protect your Intellectual Property from infringement - these include registering your rights in a patent, trademark, copyright or design patent and protecting your trade secrets by maintaining their confidentiality. Patents protect useful inventions. Trademarks protect names, symbols, colors or sounds that distinguish products or services; Copyrights protect original literary works or works of authorship whether published or unpublished. Trade secret law protects confidential information that gives your business a competitive advantage over those who do not know the secret.