There are various ways of protecting intellectual property (IP) most of which are statutory which means specific compliance with, and reliance upon, codified (written) state and federal laws. The primary intellectual property statutes concern patent, trademark, and copyright law. Trade secrets are protected by both statutory and common law.

Trademarks and service marks serve as indicias of source of origin of a product or service. They are affixed to a product, or to advertising media for services, to indicate where the product or service originates from. Exclusive rights to a mark are acquired by the first user, but the determination of who is the first user can be a complicated question. A mark is registered in the USPT0 and becomes incontestable after five years. It must be renewed periodically.

Copyrights protect artistic creations and are obtained by making a claim to copyright on the artistic work. When the work is published, the claim to copyright can be registered with the Copyright Office of the Library of Congress. The life of a copyright is for the life of the author plus 70 years.

Bruce & McCoy no longer prosecutes trademark and copyright applications but we can refer interested applicants to attorneys who specialize in those matters and who perform work at reduced rates compared to large firm fees.

Utility patents protect new and useful processes, machines, manufactures, and compositions of matter, or any new and useful improvements thereof. The life of the patent is 20 years from the date of filing the application and there are increasing maintenance fees due at 3.5, 7.5, and 11.5 years after the date of issue. See costs & fees page.

Design patents are for any new, original and ornamental design for an article of manufacture. The life of the design patent is fourteen years from the date of issue and there are no maintenance fees. See costs & fees page.

Trade secrets are protected by keeping them confidential. A protected disclosure can be made under contractual restrictions set forth in a confidential disclosure agreement or a non disclosure agreement. See NDA page.