| Property Protected |
Process, machine, manufacture, composition of matter, or improvement thereof. |
Any distinct word, name, symbol, or device used to identify a source of goods or services. |
Original work of authorship fixed in a tangible medium of expression. |
Commercially valuable information not generally known or readily ascertainable, if reasonable efforts are used to keep it secret. |
| Must be useful, novel and non-obvious. |
Inherently distinctive if arbitrary, fanciful, or suggestive. |
Fixed if it is sufficiently permanent (written down, recorded, painted, saved electronically, etc.) |
Disclosure to one person without confidence may destroy a trade secret. |
| Also distinctive if descriptive with acquired secondary meaning. |
Originality requires some amount of creativity by the author. |
More efforts required for more valuable secrets. |
| Action Required |
U.S. Patent and Trademark Office. Application required. |
U.S. Patent and Trademark Office for federal protection. Secretary of State’s office for state protection. Registration advised but not required. |
U.S. Copyright Office within the Library of Congress. Registration advised by not required. |
NONE |
| Rights |
Right to exclude others from making, using, selling, or offering for sale in U.S. or importing to U.S. |
Right to stop others from using confusingly similar marks in commerce. |
Exclusive right to reproduce, prepare derivative works, distribute, perform publicly, and display publicly. |
Right to sue others from improperly acquiring the trade secret or breaching confidence regarding the trade secret. Does not prevent reverse engineering. |
| Public Notice |
Pat. Pending. |
TM or SM if not registered with USPTO. |
“Copyright” or ©, year of first publication, author’s name. |
Notice to show confidential nature to employees and anyone else with access to the information. |
| Pat. No. ######. |
® if registered with USPTO. |
© 2023 Joe Smith. |
| Duration |
Generally, 20 years from the earliest US filing date for which priority is claimed. Provisional applications are excluded in this calculation. |
Non-registered: No limit as long as you continually use it. |
Life of the author plus 70 years. |
No limit as long as it still qualifies as a trade secret. |
| Registered: No limit as long as you continually use it and file appropriate renewal papers. |
Work for hire: the earlier of 95 years from publication or 120 years from creation. |
|
| Infringement |
Every claim limitation in the patent is found, literally or equivalently, in the accused device or method. |
Infringer’s mark causes a likelihood of confusion with your mark. |
Infringer has copied your work without permission. |
Another has knowingly misappropriated your trade secret for his or her own gain or to harm you. |
| If your mark is famous, then you can also sue if another dilutes or tarnishes your mark. |
Infringer’s work is substantially similar to yours. |
