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Intellectual Property Basics
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Intellectual property rights are legal rights generally resulting from creations of the mind. Intellectual property owners are granted certain rights over this intangible property which vary with the type of applicable intellectual property. Common forms of intellectual property include patents, trademarks, copyrights, and trade secrets.
Patents
A patent is a set of intellectual property rights granted to an individual who invents a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. The patent right allows its owner to exclude others from making, using, importing, selling, or offering for sale the patent during its term. In order to be granted a patent, a patent application
which meets the patentability requirements must be submitted to the patent office. One patentability requirement is that the application describes how to make and use the invention in sufficient detail for a person skilled in the the relevant area of technology to make and use the invention. After submitting the application, the patent office examines the application for compliance with these requirements. Further action or "prosecution" on behalf of the applicant may be necessary in order to be granted the patent.
Trademarks
A trademark is a set of intellectual property rights granted to identify the source of a good or service. The trademark grants its owner the right to exclusively use the mark in relation to the corresponding products or services. A trademark may be a name, word, phrase, logo, image, or other identifier. Trademark rights are typically established via a combination of using the mark in commerce and registering the mark. If trademark rights are established and maintained, others may not use the mark or marks which are confusingly similar.
Copyrights
A copyright is a set of intellectual property rights granted to the creator of an original work. Eligible works have included music, lyrics, books, performance rights, paintings, sculptures, motion pictures, sound recordings, and software. The copyright owners has substantially exclusive rights in reproducing, importing, performing, displaying, or creating derivatives of the original work. Copyrights are typically established by creating and registering the work.
Trade Secrets
A trade secret is a set of intellectual property rights held by the owner of an undisclosed information of value. These may includes methods, processes, or data which is not disclosed to the public. Such information may include customer lists, optimum manufacturing conditions, or even an "invention." The trade secret owner must take reasonable steps to keep the information secret in order to keep the right.
Presentations
Lean Startup Methodology and Intellectual Property presentation at Cohabitat.
Choosing and Maintaining Defensible Brand Names trademark presentation at Product Camp Dallas/Fort Worth (#pcampdfw).
Audio
 Discussion of the difference between copyrights and trademarks.
 These works are licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
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