A business’ intellectual property is among its most valuable assets. Intellectual property includes the business’ patents, trademarks and copyrights. Your business has certain rights associated with these forms of intellectual property and you will want to make sure these rights are protected.
Intellectual property may be a concern not only if your business is developing (or has developed) a product, process, or concept that you are taking to market, but also to protect your business name and identity. But in order to protect these interests you’ll need to understand what patents, trademarks, and copyrights are and how they differ from each other. You will also want to know how to perform a patent, copyright, or trademark search as that can tell you whether anyone is infringing on your business’ rights as well as helping you make sure your business is not infringing on someone else’s rights.
Understanding patents
- What is a patent? A patent is a grant of a right to the inventor by the government. The patent gives the inventor (or patent holder, if the patent has been assigned) the right to exclude others from making or using the invention for a select time period—usually 20 years.
- How do you search for patents already registered? To learn whether someone already has a patent on a product, process or concept you’re considering, you can perform a patent search online at the United States Patent and Trademark Office (USPTO) website.
- How do you register a patent? You must file a patent application with the USPTO. The patent application can be filed online at the USPTO website. Patent application costs vary by the type of filing. You can view the full fee schedule online.
Understanding trademarks
- What is a trademark? A trademark is the right to use a specific name, word, phrase, symbol, logo, design, sound or color (or a combination of elements) to identify your products and distinguish them from other products. The name must be sufficiently unique—you can't obtain trademark rights to a generic term like "computers" or "coffee." A service mark is similar, but refers to the right to use a name to identify the source of services, and distinguish that source from other service providers.
- How do you conduct a trademark search to determine if it’s already registered? There are different types and levels of searches. You can conduct a free online trademark search on the USPTO website, but this will only show existing and abandoned federal trademarks and pending trademark applications that are exact matches to the word or phrase you entered. A complete trademark search will also search for state and common law trademarks.
- How do you register a trademark? Common law usage of a name or logo begins as soon as you start using it in commerce (using the ™ symbol), but protection for common law marks is limited. In order to register a trademark, you must undertake a filing with the USPTO. Once your registration has been approved, you can begin using the ® symbol.
For more information, read What is a trademark?
Understanding copyrights
- What is a copyright? A copyright is a form of protection provided to authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection is available both on published and unpublished works, including works transmitted online. You don’t need to register a copyright to have copyright protection. A copyright is secured automatically when the work is created. Using the copyright symbol © along with the year of first publication (or creation for unpublished works), and the author’s name signify the copyright. For example, © 2025 BizFilings.
- How do you search for copyrights already registered? Searches can be made online with the US Copyright Office. Also, in today’s world, doing a Google search for particular text or creations will, in many cases show if such a work already exists.
- How do you register a copyright? While copyright registration is not necessary, copyright law provides advantages to those who have filed a legal copyright. For example, in order to file a copyright infringement lawsuit in court, registration is necessary. To register your copyright, file an application with the United States Copyright Office.
What are the differences between patents, copyrights, and trademarks?
Patents, copyrights, and trademarks differ in the following ways:
- The type of intellectual property they protect. Patents protect new inventions, discoveries, and processes, such as a new drug. Copyrights protect original works of creation, such as books or paintings. Trademarks protect words, phrases, logos, symbols, etc. that identify and distinguish the source of goods, such as the Nike “swoosh”.
- Reason they are protected by law – Patents protect inventors and inventions in order to foster innovation. Copyrights protect creative people such as authors and artists from having their works used without their permission in order to foster artistic creation. Trademarks are intended to prevent consumer confusion and protect a company’s brand.
- The duration of the protection. Patents generally are valid for 20 years. A copyright for the work of an individual generally lasts for the life of the author plus 70 years and 95 years for a work made for hire, such as for a corporation. Trademarks don’t expire as long as they are being used by the owner.