Copyrights, patents and trademarks are legal protections for different types of intellectual property. While each has its own rules and applications, they can overlap so that more than one kind of protection applies to the same article or service. In practice, however, usually only one type of protection is granted.

A copyright protects the expression of ideas. It protects the original creations of artists, authors and musicians from unauthorized copying and use by others. Books, music, sculpture, choreography and jewelry are examples of creative expression that can be copyrighted. Copyright laws encourage creativity and intellectual pursuits by allowing artists to profit from their creations.

A patent protects the application of an idea. If an inventor creates or discovers a new, nonobvious and useful device, chemical or process; a new, original and ornamental design; or a new and distinct asexually reproducing plant and receives a patent, others are prohibited from making, using, selling or importing the item for a period of time. The inventor then can profit from the invention. Patents are frequently granted for pharmaceuticals, machines and new compositions of material. A design patent, however, is awarded for a nonfunctional design or ornamentation of a manufactured product. The design may also be eligible for copyright protection.

A trademark protects an identifying feature used on a particular good or service. The mark may consist of words, symbols and/or other features. A fast-food restaurant named Rbee's, for instance, probably would be infringing on the trademark of Arby's ® restaurants: It could confuse consumers, and the Rbee's owner would be unfairly benefiting from the reputation and name recognition of Arby's. Trademark, unlike copyright, can protect names, titles and slogans.

If you have a unique idea, good or service and you want it protected, contact FerrisBowman PLLC and let's discuss what all the options you may have.