Introduction to Intellectual Property
Intellectual Property is an idea or innovation that is created or discovered. This includes things that you write, design, invent, software, trade secrets, sing, speak, draw, learn, etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets, patents, trademarks and copyright laws. Each of these laws covers a specific type of intellectual property.
There are two types of patents; design and utility. Patents are used to protect inventions or designs for inventions. Patents last for 20 years and the application for a patent must past certain tests in order to be issued. An example of a utility patent would be a patent for a light bulb. A design patent would be used to protect a style or type of a light bulb. Patents are protected and monitored under the United States Department of Commerce, Patent and Trademark Office.
Trademarks are used to protect intellectual property such as brand names, logos, etc... Trademarks do not need to be applied for. There are 3 conditions for using a trademark: no one else can be using it, trademark is not a descriptive phrase commonly used and finally that you use it. (printing TM beside your intellectual property is sufficient.) Trademarks do not expire unless you stop using it.
Anything that is written can be copyrighted. It needs to be stated that you reserve the copyright to the material. (Ex. Copyright 1999 by Suzi Strange, All Rights Reserved) Other intellectual property that can be copyrighted are; songs, photographs, drawings, articles, artworks, lists, charts, etc... Copyrights are not monitored or recorded like patents.
This intellectual property involves keeping secret a certain formula, recipe, design, etc... The secret can be kept by persons signing papers agreeing to keep the secret or by admitting that this is a trade secret. An example would be the recipe for a food product.
Although intellectual property includes the above four categories, not all of these pertain directly to technology and education. Therefore, this white paper will focus on the issues of copyright and its involvement with technology.
Sources: (Adapted from)
Intellectual Property: A Brief Tour of the Issue, http://mothra.tamu.edu/people/scooter/EFFIP.HTM (February, 1999)
Weinstein, Lee, "A Short Course on Proprietary Intellectual Property", http://www.pimall.com/nais/n.intelpro.htm, (February 1999)