Types of Intellectual Property

Intellectual property is a category of property that includes intangible creations of human intellect. Intellectual property types are recognized and created by the law. Below is a brief description of the most common types of intellectual property:

Patents

A patent is a type of intellectual property that gives the owner the legal right to exclude others from making, using, or selling an innovation. Patentable subject matter includes any new and useful process, machine, manufacture, or composition of matter. Things found in nature are not patent-eligible. For an innovation to become patented, an applicant must submit a patent application to a patent office (in the United States, the U.S. Patent and Trademark Office), which then undergoes a rigorous evaluation by a patent examiner. Patents are limited in scope to the legal jurisdiction of the patent office (e.g., a U.S. patent is limited in scope to the United States of America). Learn more about the full patent process.

Copyrights

A copyright is a type of intellectual property that protects original works of authorship as soon as the author fixes the work in a tangible form of expression. Works that qualify for copyright protection include books, journal articles, musical compositions, sound recordings, sculptures, paintings, photographs, films, computer programs, and many other creative works. A copyright exists once the creative work is captured in a sufficiently permanent medium. A copyright holder has the legal right to prevent others from copying or reproducing their work. Sometimes, copyrights are registered with domestic or foreign governmental agencies (e.g., the U.S. Copyright Office) to secure additional legal privileges and presumptions within a specific jurisdiction. Copyrighted works are often noticed with “©”, the owners name, and the year of creation (e.g., © Utah State University, 2024).

Trademarks

A trademark is a type of intellectual property that serves as a source identifier for a good or service. Trademarks can be any word, symbol, phrase, design, or combination thereof. The purpose of trademarks is to prevent market confusion. A trademark exists upon its use in the marketplace. Trademarks are commonly referred to as “brands.” Sometimes, trademarks are registered with state, federal, or foreign governmental agencies to secure additional legal privileges and presumptions within a specific jurisdiction. Federally registered trademarks are often marked with ®.

Trade Secrets

A trade secret is a type of intellectual property that can serve as an alternative to a patent, where information is kept secret and derives its economic value from not being generally known or readily ascertainable to others. Trade secrets may include formulas, patterns, compilations, programs, devices, methods, techniques, or processes. Protecting intellectual property through a trade secret strategy may be employed when a product formulation (e.g., recipe, chemical, etc.) cannot be easily reverse engineered, or when a process or device may be kept internal to a company. Trade secrets are protected by state and federal laws. For a trade secret to be legally enforceable, the holder must make reasonable efforts under the circumstances to maintain its secrecy.