Key Takeaways

  • An intellectual property patent grants inventors exclusive rights to their inventions, preventing others from making, using, or selling them without consent.
  • Patents encourage innovation by allowing inventors to commercialize or license their creations.
  • Different forms of intellectual property include patents, trademarks, copyrights, trade secrets, and geographical indications.
  • Not all ideas can be patented—an idea must be developed into a concrete invention or expression before it qualifies.
  • Patents are territorial rights, meaning protection is limited to the countries where they are granted, though international systems can simplify global filings.
  • Inventors may use provisional patent applications or nondisclosure agreements (NDAs) to secure protection before full patent approval.

What Is an Intellectual Property Patent?

An intellectual property patent is a patent protecting something an individual has created, including works of art and literature, inventions, symbols, designs, names, and images. Intellectual property, or IP, that is protected by a patent, copyright, or trademark cannot be used by another person or company. This gives the individual or entity who created the IP ownership interest under the law, allowing them to benefit from their labor financially or through recognition. This, in turn, encourages others to create, thus promoting economic growth, improving processes, creating jobs, developing technologies, and fostering a more beautiful and interesting world. IP laws strive to balance the interests of IP creators with public interest to encourage creativity and innovation.

Why Intellectual Property Patents Matter

Patents play a crucial role in promoting innovation and economic growth. By granting inventors time-limited exclusivity, intellectual property patents ensure that creators can recoup research and development costs while maintaining control over how their inventions are used. This exclusivity also fosters investment, as businesses and investors are more likely to fund technologies that come with enforceable protections. On a larger scale, patents drive knowledge-sharing because the inventor must disclose technical details in the published application, which can inspire further innovation in the field.

Types of Intellectual Property

Strict laws exist to protect intellectual property rights. Various types of intellectual property are recognized by patent law. The word copyright refers to the legal rights that IP creators have over their creation. A copyright allows the IP owner to benefit from his or her work and prohibits others from doing so without permission. Note that the ideas themselves are not protected by copyright; rather, these laws protect the specific ways that ideas are expressed. Formats that can be copyrighted include paintings, films, sculpture, music, books, computer programs, maps, advertisements, databases, and technical drawings.

A patent is a type of copyright given to an invention that protects the invention from being used, made, or sold by others for a specified time period. The patent gives the patent owner the right to decide how his or her invention is used by others, if at all. The patent owner must make information about his or her invention available in a published patent document. The United States recognizes three types of patents:

  • Utility patents protect things with a specific function, such as technology, machines, or chemicals.
  • Design patents protect the unique appearance of a manufactured item. These ornamental aspects of an item include both three-dimension features such as the shape or size and two-dimensional features such as colors, lines, and patterns.
  • Plant patents are specifically for asexually reproduced plant varieties and hybrids.

Inventors who wish to patent their IP must apply and be approved for a patent through the U.S. Patent and Trademark Office. An intellectual property attorney can help inventors file their paperwork correctly and thus make the invention profitable.

A trademark is a symbol designed to distinguish a certain company's goods or services from those offered by other companies. A business can begin using the TM symbol without applying or registering through the government. Trademarks first came into use during ancient times when craftsmen put unique marks on their products.

A geographical indication is a sign that an item comes from a specific place of origin and thus has characteristics attributable to this location. This indication is usually simply the name of the place of origin.

Trade Secrets and Confidential Business Information

Beyond patents, trademarks, and copyrights, trade secrets are another important form of intellectual property. A trade secret includes formulas, processes, methods, or business strategies that derive value from not being publicly known. Unlike patents, which require disclosure, trade secrets remain legally protected as long as the owner takes reasonable steps to maintain secrecy, such as implementing NDAs and internal security measures. Famous examples include the Coca-Cola recipe and Google’s search algorithm.

International Patent Protection

Patents are territorial rights, meaning a U.S. patent only offers protection within the United States. To safeguard inventions globally, inventors must apply separately in each jurisdiction. However, international systems streamline this process. For instance, the Patent Cooperation Treaty (PCT) allows inventors to file a single international application, which can later be pursued in multiple countries. While the PCT does not itself grant a “world patent,” it simplifies filing and defers costs while preserving rights internationally.

Can Ideas Be Protected or Patented?

Ideas are not considered IP and cannot be protected by either a patent, which protects inventions, or a copyright, which protects expressions. Although ideas are the first step of both these creations, without the invention or expression, there is nothing to protect. Those who wish to protect an idea must develop it to the extent that it could be considered an invention or expression by law.

If you wish to apply for a patent, U.S. law does not require you to develop a prototype. You can do so with 3D renderings or professional illustrations. An idea with a unique appearance constitutes a design patent, but most experts recommend applying for both a utility and design patent.

If you have an idea for a story or other work of art, you must actually begin creating the work itself to become eligible for protection under copyright laws. Once the draft is complete, it is automatically copyrighted. You can designate your IP as copyright by using the C symbol in a circle. However, to sue for copyright infringement, you must register your copyright with the federal government. The fee to register a copyright is $45.

According to the United States Court of Appeals for the Federal Circuit, an idea combined with a plan for putting the idea into motion constitutes conception. This is the formation of a definite, permanent idea for an invention. The person who can prove first conception is the one who will receive exclusive patent rights. While invention was once synonymous with conception, the passage of the America Invents Act on March 16, 2013, states that the first to file for a patent is the IP owner. While there are exceptions, these are narrow and difficult to prove.

One common myth, the "poor man's copyright," indicates that if you mail your work to yourself, it protects the idea. This does not create exclusive rights to an invention. If you want to patent an invention, you must file the patent application before anyone else. For this reason, you should never demonstrate or disclose your invention before applying for a patent. The exception is your attorney since you are protected by attorney-client confidentiality.

You can also ask a person to sign a confidentiality agreement and sue them for breach of contract if they break that agreement. However, if you are approaching a business to sell them your invention, they won't necessarily agree to sign such an agreement. Some companies say that doing so opens them to liability. Others only accept outside inventions that are already patented. Applying for a provisional patent application can be used to potentially sell the invention and gives you legal rights.

Patent Eligibility and Exclusions

Not every creation qualifies for patent protection. To be patentable, an invention must meet three criteria:

  • Novelty: It must be new and not previously disclosed.
  • Non-obviousness: It cannot be an obvious improvement of existing inventions.
  • Utility: It must serve a specific, practical purpose.

Excluded categories include abstract ideas, natural discoveries, and laws of nature. For example, mathematical formulas and naturally occurring substances cannot be patented, but an innovative process that uses them may qualify. Courts and patent offices apply these standards strictly to balance innovation incentives with public interest.

Steps to Secure an Intellectual Property Patent

The process of securing a patent involves several steps:

  1. Conducting a prior art search to confirm that the invention is new.
  2. Filing a provisional patent application to establish an early filing date.
  3. Preparing a detailed application with claims, drawings, and technical descriptions.
  4. Submitting to the U.S. Patent and Trademark Office (USPTO) or using the PCT for international coverage.
  5. Responding to examiner feedback during the review process.
  6. Maintaining the patent through periodic renewal fees once granted.

Many inventors work with intellectual property attorneys to navigate these complex steps effectively and increase the likelihood of approval.

Frequently Asked Questions

  1. What is the difference between a patent and a copyright? A patent protects inventions and processes, while a copyright protects creative expressions such as books, music, and software.
  2. Can I file one patent that covers all countries? No. Patents are territorial. However, the Patent Cooperation Treaty (PCT) allows a single international filing that can later be pursued in multiple jurisdictions.
  3. How long does an intellectual property patent last? In the U.S., utility patents generally last 20 years from the filing date, while design patents last 15 years.
  4. Do I need a prototype before applying for a patent? No. U.S. law allows filing with detailed descriptions, drawings, or 3D renderings instead of a prototype.
  5. What happens if I disclose my invention before filing? Public disclosure can jeopardize your ability to patent an invention. Filing a provisional application before sharing details publicly helps preserve rights.

If you need help with an intellectual property patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.