Intellectual property refers to ideas that can be considered “owned” by either an individual or a company and are therefore able to be protected under the law. Such property includes inventions; literary and artistic works; and symbols, names and images used in commerce.
IP and Copyright
Intellectual property is divided into two categories: Industrial Property and Copyright
Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications
Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.
Intellectual Property Law
Intellectual property law was established as a way to encourage innovation through giving creators a way of protecting their ideas. Additionally, intellectual property law provides creators a right to profit from their ideas and recuperate any development costs.
From the Moment You Create It
In theory, your intellectual property is protected under intellectual property law from the moment you create it, assuming someone has not created it before you. This is where intellectual property law comes in to play. Without proper intellectual property registration (in the form of a patent, trademark, or copyright) it can be hard to prove the invention was your own and that you came up with it. This can be made even more difficult if allegations of infringement are made. Registering your intellectual property creates an official record of your ideas or invention and more easily protects your ideas should a conflict ever arise.
Three Forms of IP Protection
Three basic forms of intellectual property protection are:
- Patent – Patents protect an invention that is “novel” (new and original) and “nonobvious” (this would mean nonobvious to someone with expertise in the field of the invention). A patent is primarily used for physical devices (machines, electronics, certain manufactured goods), but can also be used to protect more abstract concepts, such as computer software algorithms or business processes.
- Trademark – Trademarks protect your brand, i.e., the name of your company or a specific product. The scope of trademark protection is limited to one field of business. This means that a computer company could hypothetically name their new computer “Nike”, and most likely this would not be a trademark infringement upon the athletic shoe company.
- Copyright – Copyrights protect the specific form in which ideas are recorded. Copyrights are typically used for literary and artistic works due to the fact that ideas are recorded and materialized in forms such as books, articles, poems, cartoons, and music.
What We Offer
Understanding how intellectual property assets can best be protected is a key aspect of our business. Our experience attorneys are able to provide insight gained from our proven legal and technical expertise.
Reilly Intellectual Property Law Firm
Reilly Intellectual Property Law Firm provides patent services to protect the inventions that change and shape our world. We handle handles patents, trademarks, copyrights and licensing legal services in Denver. Our experienced attorneys provide strategic guidance, patent counseling and prosecution, new product clearance and licensing, as well as counsel regarding patent enforcement and how to avoid possible infringement issues.
Our patent attorneys actively and aggressively represent plaintiffs and defendants in a wide variety of proceedings before courts both domestically and internationally. We provide solutions that anticipate our client’s need to protect their intellectual property so that their business thrives. We would love to work with you to develop a dynamic strategy that addresses your patent, trademark, copyright, and licensing concerns.