Intellectual Property 101: Copyright, Trademark, Patent
Stop confusing them. A quick guide to protecting your creative assets.
Founders often say "I need to patent my idea!" when they really mean trademark their name. Here is the definitive guide to the three buckets of IP.
1. Copyright (The Art)
Protects: "Original works of authorship." This includes code, blog posts, photos, music, and UI designs.
Cost: Free (Automatic upon creation). Registration ($45) is only needed if you want to sue for statutory damages.
Duration: Life of author + 70 years.
2. Trademark (The Brand)
Protects: Brand identifiers that distinguish goods in the market. Names, Logos, Slogans, and even colors (like Tiffany Blue).
Cost: ~$250-$400 per class.
Test: "Likelihood of Confusion." You can't start a computer company called "Pear" because it's too confusingly similar to Apple.
3. Patent (The Invention)
Protects: "New, useful, and non-obvious" inventions or processes.
Cost: Expensive. $10k - $30k easily in legal fees.
Power: It gives you a monopoly. No one else can make your product, even if they invent it independently.
The "Trade Secret" Option
Sometimes the best protection is secrecy. The Google Search Algorithm and Coca-Cola recipe aren't patented (because patents are public). They are Trade Secrets. To protect these, you need robust NDAs and internal security.
Worried about your own contract?
Don't guess. Let our AI read the fine print for you and spot the exact red flags mentioned in this article.
Analyze My Contract Free