The term “intellectual property” covers the content of a textbook (copyright), the logo and styling of a soup can (trademark), and the method of use or operation of a specialized diving apparatus such as Snuba (patent). There are four basic categories of intellectual property: patents, trademarks, copyrights and trade secrets. While there can be overlap, each category affords different protections and is used with different types of material.

Copyrights protect the tangible expression of ideas. Common uses include protecting the contents of books, movie plots, paintings and sound recordings. Copyright protection attaches when the creator puts pen to paper and creates a tangible expression of the idea. This basic protection may be registered by filing an application for federal copyright registration, which requires a simple form, a modest fee, and a copy of the work you want to protect. Federal copyrights for works created and registered after 1978 generally last for seventy years after the author's death. If someone infringes your federally registered copyright, the statute provides for substantial damages as well as attorneys' fees. Not all use of copyrighted material is unlawful; the public is allowed to make "fair use" — loosely defined as selective use or quotation for educational and literary purposes.

Trademarks protect the product identifiers — the names, logos and general visual attributes that distinguish a business from its competitors. The primary purpose of a trademark is to prevent consumer confusion over the origin of the products. Using someone’s name or identifying mark would be an unlawful use or infringement of the trademark. Generic names would not be protected. Federal trademark registration affords the strongest protection, but each state has trademark protections that should be considered as well.

Patents are by far the most complicated type of intellectual property. In basic terms, a patent is given to an inventor of some novel machine, process, or product that has utility to the public. In exchange for disclosing this new invention to the public, the federal government gives back to the inventor an exclusionary right (the patent) to prevent anyone else from making, using or selling the invented device or process in the United States . The term of the patent has changed recently and patents issuing today have a life of approximately twenty years from the date the application is filed. To get a patent, the inventor should hire an experience lawyer with an engineering background. Patent lawyers must understand the technical and legal issues to develop patent applications and pursue legal remedies for patent infringement. Obtaining a patent can take several years and it’s important to apply as soon as possible. Once the patent is granted, you can use it to preclude others who seek to copy or otherwise use your invention and license the technology for fees.