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Friday, February 16, 2024

What’s Mental Property? by Kelley Means · Author’s Enjoyable Zone

What is Intellectual Property? by Kelley WayLet’s welcome again month-to-month columnist Kelley Means as she shares with us “What’s Mental Property?” Take pleasure in!


I throw the time period “mental property” round fairly a bit, however non-lawyers might not be fairly as accustomed to the time period.

Let me clarify what mental property is and the 4 foremost kinds of mental property.

Creations of the Thoughts

“Mental property” refers to creations of the thoughts – issues that may be purchased or offered and have financial worth however are usually not bodily objects you’ll be able to contact.

(Accountants name them “intangible property,” that are mainly the identical factor for our functions.)

Whereas there could also be extra kinds of mental property that I’m not desirous about, they principally are available in 4 flavors — copyrights, logos, patents, and commerce secrets and techniques.

Copyrights shield artistic expression — books, motion pictures, music, artwork, and so on.

For the reason that level is to guard the merchandise of your artistic genius, solely the artistic facet will get safety — for instance, a guide’s copyright won’t shield the information and concepts inside the guide, however it’ll shield the language used to specific and clarify these concepts.

In the identical means, a copyright for paintings created from an underlying picture will solely get safety for the weather that have been added to the picture (but when the unique picture has a copyright, it’s nonetheless protected beneath its personal copyright).

Defending Your Model

Emblems shield your model within the market.

Logos, firm names, product names, and slogans are all issues that may be protected beneath trademark legislation.

The concept right here is to make sure consumers know who they’re shopping for from, and sellers can construct a status round their model so folks wish to purchase from them.

Basically, something you utilize to determine your self within the market can doubtlessly get trademark safety.

Patents cowl issues of a extra scientific nature — processes, formulation, innovations and the like.

It nonetheless needs to be authentic to the inventor, so you’ll be able to’t patent sliced bread, however if you happen to provide you with a machine that slices and dices in a means nobody has considered earlier than, then you’ll be able to patent it.

Commerce Secrets and techniques

Commerce secrets and techniques are identical to they sound.

These are firm secrets and techniques which can be saved beneath lock and key, just like the Coca-Cola recipe.

Commerce secrets and techniques by no means expire; they keep protected till the key will get out. 

Firms can get into severe hassle in the event that they use underhanded means to find their competitor’s commerce secrets and techniques.

In fact, there’s far more to say about every of those mental property subsets, however that’s a primary overview of every one.

For those who’d prefer to study extra about mental property or have questions on your personal, please be happy to contact me at kaway@kawaylaw.com.


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Kelley Way

Kelley Means was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, adopted by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring author of younger grownup fantasy novels. Extra info at kawaylaw.com.

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