Intellectual Property Analysis

Overview

IP law protects creations of the mind through four main mechanisms: patents (inventions), trademarks (brand identifiers), copyrights (creative works), and trade secrets (confidential business information). Each has different requirements, scope, duration, and costs.

Framework

IRON LAW: Match the Protection to the Asset

A brand name is protected by TRADEMARK, not copyright.
Software source code is protected by COPYRIGHT, not patent (usually).
A manufacturing process is protected by PATENT or TRADE SECRET.
Using the wrong mechanism leaves the asset unprotected.

The Four IP Types