This guide provides an overview of intellectual property rights. Topics included cover trademarks, service marks, copyrights, patents, and trade secrets. Information on remedies for infringement is also provided.
New Hampshire USLegal Guide to Intellectual Property Rights
State:
Multi-State
Control #:
US-GDE-22
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Word;
Rich Text
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Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.
Intellectual property is owned and legally protected by a person or company from outside use or implementation without consent. Intellectual property can consist of many types of assets, including trademarks, patents, and copyrights.
With this investment, it should come as no surprise that employers generally own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee not the employer.
Intellectual property or IP refers to anything that has been created, like designs, inventions, brand names, and literary works. IP is protected by law, for example through copyright, patents, and trade marks, so the author has sole authorisation over who can use and distribute their work.
To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.
How to Protect Intellectual Property in 5 Different WaysRegister copyrights, trademarks, and patents.Register business, product or domain names.Create confidentiality, non-disclosure or licensing contracts for employees and partners.Implement security measures.Avoid joint ownership.
The key forms of intellectual property protection are patents, copyrights, trademarks and trade secrets.
Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.
Know the 3 Main Types of Intellectual Property ProtectionPatents. If you have come up with a new invention, you may want to consider protecting it with a patent.Trademarks. Let's say that you have come up with a great new name for your brand, company or product.Copyrights.