PATENTS AND TRADE SECRETS PATENTS TWO TYPES OF U.S. PATENTS In the United States, two types of patent protection are available: 1. Utility patents cover an Apparatus, a Process or a Composition of Matter. Computer software and business methods may be protected as a patentable process in the United States. In many foreign countries, however, software and business methods are not patentable. 2. Design patents cover the Aesthetic Appearance (Non-Functional Nature) of an article of manufacture. In many other countries, Industrial Designs are separately protectable, either as a class of design patent or as a separate intellectual property classification. PATENTS PROVIDE A LIMITED MONOPOLY FOR A SPECIFIC DURATION Patents are a Prohibitive Not Affirmative Right. With a patent you can preclude manufacture, use or sale (or offer for sale) in the country issuing the patent. However, ownership of a patent doesn’t guarantee the right to practice the invention. The term of a patent is typically 20 years from filing (or 17 years from issuance, whichever is longer, in the U.S.) Patent Terms United States Patent and Trademark Office Return to IP Issues TRADE SECRETS An alternative to patent protection is maintaining intellectual property as a trade secret. A trade secret: 1. Is any information which has commercial value and is not generally known 2. Must be actively maintained as a secret 3. Once publicly disclosed cannot be recovered 4. Disclosure can result from inadequate protection 5. If adequate protection is in place inadvertent disclosure may not result in loss of rights in some circumstances. Return to IP Issues Disclaimer