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Patents cover individual inventions: specific pieces of technology. There are as many different types of patents as there are industries and businesses, but traditionally they fall into one of four broad categories: (1) mechanical items, such as brakes on a car, a gear shifter for a bicycle, a compressor engine for a refrigerator, a kitchen item, a tool, etc.; (2) chemicals, including pharmaceutical compounds (new drugs), synthetic fibers (plastics), dyes, insecticides, etc.; (3) electrical items such as an electronic circuit, a semiconductor, a transformer for transmitting electricity, and so on; and (4) processes, such as a food recipe, a series of steps for refining gasoline from crude oil, or a computer algorithm (such as a way to compress a long string of data into a shorter version for transmission or storage). (Computer programs can also be claimed in combination with computer hardware。）
These are just general classifications. New categories of patents are added every month in patent offices around the world: for artificial intelligence applications, autonomous vehicles, newly developed materials, technology for service industries (ride sharing, meal delivery), and so on.
Patents are issued by over one hundred countries around the world. Each country’s patent is enforceable only within that country; there are no real internationally-effective patents. There are treaties to help people get patents in multiple countries; and in some regions such as the European Union a central patent office is authorized to issue patents in multiple countries, but each patent must be enforced only in individual countries, even in Europe.
A patent document has several well-defined sections. The patent usually begins by describing a problem. Then it summarizes the new solution to the problem that is covered by the patent. A more detailed description of the invention comes next, which often includes discussion of how the new invention works better than what was known in the field before. (All information available before the invention is called the “prior art”。）
The most important section of the patent is the claims: the technical legal language that defines, as precisely as possible, the main features of the invention. Most claims do not describe a very specific, particular physical thing, such as a one individual screwdriver that is exactly 10 cm long, weighs 0.153 kilograms, and has a handle that is 4 cm long, orange in color, and 4 cm in diameter. Patent claims define a group or class of items having a set of shared, specific features, for example: “A screwdriver whose length is between 8 and 12 cm; weight between 0.10 and 0.25 kilograms; a handle [of any length, and any color], where the handle is between 3 and 5 cm in diameter.” The bigger the group or class defined by the claims, the broader we say those claims are. So in our sample claim, if we changed the length to “between 7 and 13 cm” that would be broader than the version of the claim set out just above, where the length was between 8 and 12 cm. Broader claims are on average more valuable: they cover more specific items, more different versions of one general design or structure. Claim breadth, then, is often an indicator of economic value.
Copyright protects expressive works, such as books, movies, videos, and music. It is also possible at times to get copyright protection for the shape or design of a distinctive product or package, such as a unique appliance (vacuum cleaner), tool, or children’s toy. Copyrights are extremely easy to obtain; legally speaking, you can claim a copyright in a work simply by putting a copyright notice on it. If you sue someone for copyright infringement, you might need to formally register the copyright with a government office. But short of that, you simply claim a copyright - no registration required.
Copyright is a useful way to protect instruction manuals, employee handbooks, brochures, and other written work created by a company. It is also the simplest way to protect computer software. Though claiming copyright is simple, the only way to enforce a copyright in the U.S. is by filing a lawsuit. This can of course be expensive.
Trademarks protect company names, logos, slogans, and sometimes product shape or packaging. A distinctive, easily recognized trademark can become one of the most valuable assets a company owns - its brand. Because of their value-adding potential, most companies put considerable effort into choosing their company name and the trademarks for important products. If a company operates internationally, or plans to, it will be necessary to search the trademark lists (or “registries”) in multiple countries, because each country maintains its own list of registered trademarks. Sometimes a business that has operated for many years fails to register any trademarks until a competitor or other problem appears. It may not be too late to get some protection in some countries, but it is far wiser to register very early on.
Trademarks can serve not to just to identify a single product, but to define and protect a larger business structure or “ecosystem”. Most franchises make use of trademark licensing: in a typical setup, a national brand (such as KFC, or Panda Express), or franchisor, licenses its brand to local operators (franchisees) in exchange for a percentage of local profits. Trademarks can also be used to indicate product compatibility (“Dolby sound” for audio players, for example), or that a product meets quality of performance standards set by an industry group.
Every company generates large amounts of information it does not want to share publicly. All of this information is potentially protected by trade secret law. Common examples are product specifications, “secret recipes” for food or drinks, customer lists, marketing campaign and other business plans, and so on. There are no formal legal requirements required to claim a trade secret - no registration or other act is needed. But to win in court - the only way to enforce a trade secret - you have to prove two things: (1) that the information claimed as a trade secret has some value and is not publicly available; and (2) that the other party, the one being sued, wrongfully took or used the information. The most common type of trade secret lawsuit is against a former business partner, employee, supplier, customer, etc. These cases are usually about whether someone in a position of trust acted wrongfully - “misappropriated” information, in the technical language of trade secret law.
Though there are no formal requirements, to protect a trade secret it is necessary to show that you took steps to keep it confidential. Employees, business partners, potential investors and others with access to confidential information should sign nondisclosure contracts. Labeling documents “confidential” and keeping sensitive information in secure locations can also help.
Trade secret protection is broad and simple, and covers a large amount of information. It is an important - but sometimes overlooked - tool of IP strategy.