Intellectual property
From DDL Wiki
In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements are generally entitled to exercise various exclusive rights in relation to the subject matter of the IP. Types of IP include:
- Patents: A temporary monopoly granted by a government to an inventor to exclude others from using an invention. In the U.S., a patent expires 20 years from the filing date.
- Utility patents: For a "useful, novel and nonobvious" invention.
- Design patents: For ornamental design only.
- Plant patents: Horticulture engineering.
- Trademarks: Exclusive right granted by a government for owner to use a specific name/symbol in association with a class of products or services.
- Copyright: Exclusive right granted by a government to copy and distribute an original work of expression.
- Trade secrets: Information used in business that offers the holder a competitive advantage when kept secret. Not a right granted or enforced by government.
For the DDWiki audience, the most relevant type of IP is the utility patent. The basic idea of a patent is that it gives the inventor a temporary monopoly over the invention (prevents others from producing it) in exchange for disclosure of the invention (so it becomes public knowledge and can be produced by others after the patent expires). (See the patent page for rationale and motivation).
Intellectual property laws and enforcement vary widely from jurisdiction to jurisdiction. There are inter-governmental efforts to harmonize them through international treaties such as the 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), while other treaties may facilitate registration in more than one jurisdiction at a time. Enforcement of copyright, as well as disagreements over medical and software patents, have so far prevented the emergence of a cohesive international system.
This article does not provide legal advice, but rather offers only an introduction to the system of intellectual property. Inventors who are interested in patenting an invention should consult appropriate legal counsel.
