INPEX® Inventors Community - Exhibitors Newsletter

Invention Education: Intellectual Property 101

By Eric Hanscom, Intellectual Property Attorney

Intellectual Property usually refers to three main topics: Patents, Trademarks and Copyrights. Patents and trademarks are overseen by the US Patent and Trademark Office; copyrights are handled by the Library of Congress.

There are few words in the English language more misused than patent and trademark. If you don't believe me, get on any Internet search engine and type in "actress trademarked smile" and see how many actresses with "trademarked smiles" there are. Type in "football patented moves" or "basketball patented moves" and see how many halfbacks and point guards apparently have USPTO patents on their unusual athletic abilities.

Can an actress register her smile as a trademark? No, but she could register a likeness of her smiling face as a trademark for a brand of cosmetics (or garden manure for that matter) she was selling. Could Walter Payton have patented his evasive running style? No, but if he invented a new ankle support that made his slashing moves more easy to accomplish, he could have patented his ankle supports.

Generally speaking, a patent gives the inventor a temporary monopoly on his or her idea. Inventors can use patents to exclude other people or companies from making, using, and selling the invention.

Trademarks are a way in which businesses and individuals can protect the names, logos, and slogans which distinguish their businesses from others. For example, no other fast food franchise in the United States can call itself McDonald's, or have as its symbol, the "Golden Arches."

As for copyrights, these are protected forms of "artistic expression." McDonald's could copyright its menu; Michelangelo could have copyrighted his statues and paintings; Stephen King can copyright all of his books, and Versace can copyright a unique pattern it develops for clothing. An artist, yes, even you when you write a poem, obtains a copyright upon completing his or her artistic work, but by registering your copyright, you can enhance your ability to protect it.