The three most common types of protection are patents, trademarks and copyrights. Each protects a different type of intellectual property. A patent protects an invention. A trademark protects brand names and logos used on goods and services. And a copyright protects an original artistic or literary work. For example, if you invent a new kind of toothbrush, you could apply for a patent to protect the invention itself. You could apply to register a trademark to protect the logo of the toothbrush. And you could register a copyright for the marketing commercial to advertise the toothbrush.

To obtain patent protection, you must file a patent application with the United States Patent and Trademark Office (USPTO). The application will be reviewed by an examiner to determine if the invention is patentable. A patent application can be filed online at CLICK HERE.

Patents are governed by the Patent Act. An invention is patentable if it meets four requirements: it is a process, machine, article of manufacture, or composition; it is new; it is useful; and it is not obvious. For example, Ali designs a ladder with 14 rungs as an improvement over the standard 12 rung ladder. Ali’s invention meets the first three criteria: (1) it is an article of manufacture; (2) it is new because no other 14 rung ladder exists; and (3) it is useful as it allows access to higher areas. The non-obvious requirement creates a wrinkle. Ali’s improved ladder may obvious because a person having ordinary skill may have increased the rungs to reach up higher. However, if Ali shows that no one else has been able to make a 14 rung ladder due to the difficulties in construction, then he may obtain a patent.

Various online resources are present to search the current databases of patents, including www.google.com/patents and http://www.uspto.gov/patents/process/search/index.jsp. As per 35 U.S.C. § 154, the duration of a patent is 20 years from the date of filing.

Trademark rights arise from the actual use of the mark. Once a good is sold under a logo, or a service performed under a brand name, trademark rights have been created. For example, the use of the Muslim Congress logo on the website and at the conference establishes trademark rights. Trademark rights that are developed through use only are not governed by statute. These rights are recognized as common law rights.

To obtain statutory protection, the trademark must be Federally registered. Federal registration provides several benefits, including: public notice of your claim of ownership, exclusive right to use the mark nationwide in connection with the goods/services, ability to bring an action regarding the mark in federal court, and the ability to prevent importation of infringing goods. Federal Registration can be completed online at Register Here (CLICK HERE).

If the mark is unregistered, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public of your claim of ownership of a mark. Federal registration is required to use the symbol “®.” Trademark protection is perpetual. A trademark remains protected so long as it is used in conjunction with the goods or services. However, to maintain federal registration, renewal is required every six years.

Once a work of authorship is created it is protected by a copyright. Works of authorship include a book, a painting, or a movie. It is recommended to use a copyright notice, “©”, on works of authorship to prevent copyright infringement. Registration with the Copyright Office in the Library of Congress is optional and recommended, but does not confer any additional protection. Registration information is available online at http://www.copyright.gov/. The duration of a copyright varies depending on the date of creation and publication. For works created after January 1, 1978, the copyright protection can range from the life of the author, to the life of the author plus 70 years, to 120 years from the date of creation.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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