What is IP?
IP is a product of your mind. You might invent a new product, develop a new logo, or write a new book—these are all examples of IP, and each one has its own requirements to be protected.
What are the different types of IP?
There are four different types of intellectual property in the United States—patents, trademarks, copyrights, and trade secrets. Each kind of IP has different functions and requirements for protection.
Why should I protect my IP?
Protecting your IP gives you control over the use of your IP.
- Your IP is yours. You decide when and where your IP is used. No other business owner or inventor can use it without your consent, and you have legal options if they do.
- You can exploit your IP. Your IP is a valuable business asset. During the life of your business, you might license your IP to others in exchange for a percentage of their profits. If you sell your business, you might transfer your IP along with it for a higher valuation.
- You can support your work or business. Protecting your IP demonstrates that you understand its value. You might be more likely to attract investors or customers when your IP is protected.
What steps should I take to protect my IP?
If you think you have IP that needs protection, the next steps are:
- Search. Before applying, make sure your IP is protectable. Not every idea is patentable and not every trademark is registrable. For example, search existing patents and trademark registrations for relevant IP that might block yours.
- Apply. When you're ready, apply online through Patent Center or Trademark Center. During the application process, you may receive official letters from the USPTO. Be sure to respond to these in time to keep your application moving.
- Maintain. Once your IP has protection, make sure you keep it! Comply with all the requirements to keep your protection alive and learn how to enforce your IP rights.
Different types of IP
Learn about patents, trademarks, and more below. Not sure what kind you have? Take our IP Identifier quiz to figure out how your ideas could be IP.
Inventions and technology
Patents apply to inventions. They can cover a wide range of technology and ideas including a process, an improvement, or a physical invention. In the U.S. there are three categories of patents: utility, design, and plant
Patents give the inventor exclusive rights to sell, make, or use their idea for a certain amount of time. In exchange for protecting their idea, inventors publish their work so others can build on it.
Some examples of patents are:
- The adhesive used in sticky notes
- A device for diagnosing vison problems
- The system for on-demand video and audio playback
Logos and brands
Trademarks are words or symbols that indicate where a product or a service comes from. They help customers understand the difference between similar options in the marketplace.
If you maintain your registration and your product or service is still used for commercial purposes, you can keep your trademark forever.
Some examples of registered trademarks are:
- Coca-Cola's name and the stylized letters they use
- McDonald’s golden arches design
- Nike’s slogan “Just do it”
Formulas and processes
Trade secrets are ideas that provide a benefit to their owners because the information is not widely known.
Unlike other types of IP, trade secrets are not granted protection from the USPTO or another government authority. Instead, the owner of the trade secret should take reasonable precautions to keep the information secret. Trade secrets are more than secret formulas or client lists—they could be a marketing strategy, a product design, or a manufacturing technique.
Some examples of trade secrets are:
- The formula for WD-40
- The original recipe for KFC's fried chicken
- The search algorithm used by Google
Art and literature
Copyright protects creative works, like books, art, movies, and music. Your work is protected as soon as you create something tangible. Registering your copyright provides advantages for protecting this kind of IP.
The USPTO does not register copyright claims, but you can protect these works through the U.S. Copyright Office.
Getting off on the right foot
Thinking about protecting your IP? Check out these three tips to avoid common pitfalls on your registration journey.
Be scam aware
Make your USPTO.gov account
