Patents protect inventions—specifically any new and useful process, machine, manufacture, or composition of matter, as well as improvements to those inventions (35 U.S.C. § 101). Design patents protect new, original, and ornamental designs applied to manufactured articles (35 U.S.C. § 171). The typical term for a utility patent is 20 years from the date of filing, while a design patent lasts 15 years from the date of grant (if filed on or after May 13, 2015) or 14 years (if filed before that date).

Trademarks (and service marks) protect distinctive words, phrases, logos, symbols, or designs that identify and distinguish the source of your goods or services. A trademark can last indefinitely, as long as it’s properly maintained and in active use.

Copyrights protect original creative works, including literature, music, artwork, films, software, and even architectural designs. Copyright protection generally lasts for the life of the author plus 70 years.

Each form of intellectual property serves a different purpose, but all are critical tools for protecting what you create. If you’re unsure what type of protection fits your work, we can help guide you.

Patentable subject matter is incredibly diverse and includes inventions across a wide range of industries. This can include manufacturing processes, machinery, chemical compositions, cosmetics, computer hardware and software, electronic circuits, lighting, telecommunications equipment, housewares, tools, batteries, sporting goods, apparel, textiles, and vehicle components. Patents can also cover engines, agricultural and mining equipment, medical devices, surgical or dental tools and techniques, musical instruments, robotics, optics, weapons, and even asexually reproduced plants. Design patents, in particular, protect non-functional, ornamental designs like jewelry, product packaging, surface ornamentation, and computer-generated icons. If your idea solves a problem in a novel and useful way, there’s a good chance it may be patentable.

A trademark can include anything used to identify the source of a product or service and distinguish it from others in the marketplace. This may include names, logos, slogans, words, phrases, symbols, designs, container shapes, sounds, colors, titles, and even character names—so long as they serve to indicate origin and are not generic or merely descriptive.

Copyright protection applies to original works of creative expression, whether published or unpublished. This includes paintings, drawings, sculptures, literature, musical compositions, recordings, choreography, plays, poetry, theses, crafts, photographs, movies, video games, software, websites, digital media, broadcasts, architectural works, graphics, and some industrial designs. If it’s an original, fixed expression of an idea, there’s a good chance it’s eligible for copyright protection.

A provisional patent is a temporary, unexamined application that allows you to secure an early filing date and legally use the term “patent pending.” It serves as a placeholder while you continue developing your invention or preparing a full utility patent application. A provisional application doesn’t require formal claims and expires after 12 months, at which point a non-provisional (regular) patent application must be filed to maintain your priority date and continue the patent process.