Protecting Intellectual Property in the United States

Intellectual property is protected by its type.

The U.S. Patent and Trademark Office (USPTO) is responsible for patents and trademarks. In the United States, patents may be available to any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Patent protection must be sought by application with the U.S. Patent and Trademark Office (USPTO). There are three types of patents:

• Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
• Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
• Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Registration with the USPTO is not required, but does provide certain advantages. More information on trademarks is available at USPTO’s trademark process website.

Copyrights protect original works of authorship, including literary, dramatic, musical, artistic and certain other works, both published and unpublished. The U.S. Copyright Office handles copyright registration. Although not required for protection, registration does confer advantages. Copyrights registration is available here.