The chart below provides brief descriptions of attributes of various options for protection of intellectual property assets.
| Form of Protection | Utility Patent | Plant Patent | Design Patent | Copyright | Trademark or Service Mark | Trade Secret |
|---|---|---|---|---|---|---|
| What is Protected | Machine, process, composition of matter, new products | Asexually reproduced plant variety | Ornamental design for an article of manufacture | Writings, music, works of art | Words, names, symbols, devices | Any confidential information of commercial or personal value |
| Test for Protection | New, useful and unobvious | Distinct and new variety of plant | New, ornamental and unobvious | Originality | Distinguish and identify services or goods of one source from those of another | (1) Is it a secret and (2) does owner protect the secrecy |
| How are Rights Obtained | Grant of patent by U.S. Patent & Trademark Office (PTO) | Grant of patent by the PTO | Grant of patent by the PTO | Upon creation of work | (1) Through actual use, or (2) registration in PTO | By identifying and treating the information as confidential |
| Life of Protection | 20 years from the filing date; enforceable from date of publication; periodic payment of maintenance fees is required | 20 years from the filing date; enforceable from the date of issue | 14 years from date of grant | Life of the author plus 70 years -or- 95 to 120 years for anonymous works | (1) Perpetual with proper use (2) 10 years, renewable if use continues | Indefinite while information remains confidential |
| Test of Infringement | Make, use or sell product or process covered by patent claims | Asexually reproduce or use the patented plant | Substantial similarity of design as a whole | Copy substantial portion of the work | Likelihood of confusion, mistake or deception as to origin of goods or service | Misappropriation |