There are three separate bodies of law that protect most types of intellectual property: copyright, patent and trade secret law.
1. Copyright Law
The federal copyright law (17 U.S.C. §§ 101 and following) protects all original works of authorship. A work of authorship is any work created by a human being that other humans can understand or perceive, either by themselves or with the help of a machine such as a film projector or television. This includes, but is not limited to, all kinds of written works, plays, music, artwork, graphics, photos, films and videos, computer software, architectural blueprints and designs, choreography and pantomimes.
The copyright law gives the owner of a copyright a bundle of exclusive rights over how the work may be used. These include the exclusive right to copy and distribute the protected work, to create derivative works based upon it—updated editions of a article, for example—and to display and perform it. Copyright owners typically profit from their works by selling or licensing all or some of these rights to others—publishers, for example.
2. Patent Law
The federal patent law (35 U.S.C. §§ 100 and following) protects inventions. To obtain a patent, an inventor must file an application with the U.S. Patent and Trademark Office in Washington, D.C. If the Patent Office determines that the invention meets the legal requirements, it will issue a patent to the inventor. A patent gives an inventor a monopoly to use and commercially profit from the invention for 20 years. Anyone who wants to use or sell the invention must obtain the patent owner’s permission. A patent may protect the functional features of a machine, process, manufactured item or composition of matter, or the ornamental design of a non-functional feature. A patent also protects improvements of any such items.
3. Trade Secret Law
A trade secret is information or know-how that is not generally known by others and that provides its owner with a competitive advantage in the marketplace. The information can be an idea, written words, a formula, process or procedure, technical design, customer list, marketing plan or any other secret that gives the owner an economic advantage.
If a trade secret owner takes reasonable steps to keep the confidential information or know-how secret—for example, does not publish it or otherwise make it freely available to the public—the laws of most states will protect the owner from disclosures of the secret by:
- the owner’s employees
- people who agree not to disclose it
- industrial spies, and
- competitors who wrongfully acquire the information.
For detailed information, see Nondisclosure Agreements: Protect Your Trade Secrets & More, by attorneys Richard Stim and Stephen Fishman (Nolo).