It's not easy to think about ideas
as property, but for some businesses it's vital. Most of us have
had an idea for a new product or service only to dismiss, postpone,
or neglect it. Sometimes we later find that others had the same
idea, but took it to market before we did. By that time, it is too
late for us to take advantage of the idea.
Ideas are relatively easy to come by, but inventions are more difficult.
It takes knowledge, time, money, and effort to refine an idea into
a workable invention, even on paper. Turning an invention into an
innovation - a new product accepted by the marketplace - takes a
lot of effort and a little luck. There are substantial barriers
in the path of those who pursue innovation. Overcoming them requires
careful planning and plenty of input from others.
Hundreds of thousands of inventors and innovators file each year
for protection under U.S. patent, trademark and copyright laws.
However, it can be hard to decide which of the three vehicles is
most appropriate for the protection of a particular invention. Although
a single product or service may require a patent, a trademark, and
a copyright, each category protects a distinct aspect of a creative
work or expression.
Patents, copyrights and trademarks, as well as know-how or trade
secrets, are often collectively referred to as intellectual
property. Many firms have such property without even being aware
of it or of the need to take measures to protect it.
Many people's notions of intellectual property are unrealistic.
Some believe, for example, that simply having a patent on a product
will enable one to succeed in the marketplace. Consequently, they
may spend thousands of dollars to obtain the exclusive rights to
market something that no one wants or can afford to buy. Others
may decide that intellectual property protection is not worth the
trouble.
People who may not be interested in protecting their own rights
must still take precautions to avoid infringing on the rights of
others. This calls for more than the avoidance of copying. Some
copying is unavoidable; but one can easily infringe on the rights
of others without deliberately imitating specific features of goods
or services.
More information about intellectual property:
U.S.
Patent and Trademark Office - Patent Section
U.S.
Patent and Trademark Office - Trademark Section
U.S.
Copyright Office
Trademarks
Copyright
Trade
Secrets
Federal
vs. State Laws
|