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what is the definition of ip or how would you define ip this video is going to give you the answers to all of that and even tell you about the four types of ip if you're new here my name is dylan adams i am a patent attorney and author of the best-selling book patent's demystified which is an insider's guide to protecting ideas inventions used by inventors entrepreneurs and startups worldwide including at top universities like harvard stanford at mit you might as well recognize me from my appearance on cnbc's hit show the profit with marcus lemonis so ip how would you define ip what is the definition of ip so let's let's sort of uh differentiate intellectual property versus real property so real property is physical things like real estate whereas iep or intellectual property relates to inventions of the mind things that are created now there are four types of ip or intellectual property there are trademarks there are copyrights there are patents and there are trade secrets so let's uh let's start with trade secrets so trade secrets relate to things that are kept secret um and they can really apply to all sorts of intellectual property especially at the beginning and we'll kind of get into that later on so trade secrets are things that are not readily known to the public things that you can't things that you know you can't search and find things that are actually secrets and things that have value that's sort of the general definition of trade secrets and you have to take reasonable steps to keep things secret so you can't say well this is a trade secret but then you know do it publicly you know in a factory in a window like if you have a a process that you want to keep as a trade secret you can't you know have people walking by and be able to have them see what that is so it has to be something you actually take reasonable steps to keep secret so let's then talk about trademarks so trademarks relate to goods and services and marks related to goods and services so trademarks can be things like a name of a business a name of a of a company slogans it can be logos and even things like colors or smells could potentially be trademarks but that's kind of complicated in some ways but the thing to understand about trademarks is they're intimately associated with goods and services so where other sorts of intellectual property just to relate to things generally a trademark is going to be very associated with a specific type of good and service so it really depends on what it is you're doing with the business with the products you're selling or the services you're providing that really is going to be important when it comes to whether your trademark is protectable a good example of that is apple so the first thing you're probably going to think of when you think of apple is you're going to think of computer electronics right you know it's a company that does software that makes computers but you know if you were to say have a company that was that was doing um you know producing applesauce or producing apple trees you know or you know selling apples so that company couldn't trademark that name because that would be generic to that type of type of business but it's important to note that multiple companies could have the name apple so there's um there's apple recording studios which is actually the recordings here that the beatles uh were were associated with so you know there can be multiple people who have the same trademark but if they have different goods and services such that you know your average person wouldn't confuse the different companies then maybe you know you can have the same mark the same trademark for different businesses even though there's you know even you know though they're the same mark as long as they're used for different goods and services then people can have the same trademark so uh so i am a patent attorney my focus is on patents and patents relates relate to useful articles so patents can relate to systems or things physical physical products or it can be methods methods of manufacturing something it could be a method that is performed by say a computer or some software as it's as it's performing its functions or it can be things like you know methods of using things those are all protectable methods so patents can be differentiated from copyrights as far as a type of intellectual property or ip as so patents relate to useful things or utilitarian things copyrights relate to artistic works so a good example of copyrights would be things like paintings a movie script works of works of music things like that so they're definitely diametrically opposed copyrights and patents again patents cover utilitarian articles copyrights cover artistic works but that's not to say that things can't be covered by multiple types of intellectual property or ip so in the beginning when people are developing technology it's probably going to be covered by trade secret and then at some point when they patent at some point the patent if it issues or even when it's pending a lot of times it'll publish and it'll become public so the things that are in that those things aren't going to be able to be trade secrets because they're publicly known but they can be covered by patent but there may be some aspects that are trade secrets so if there's some some processes that are software processes say with uh you know with with computers if it's not known and you know you don't know what's going on in the back end those could remain trade secrets whereas some functionalities could be patented so you could have trade secret on things and you could have patents on things similar with copyright and patents so let's say you have a chair so because a chair is a utilitarian article even though chairs are very artistic in a lot of ways you know they they are still utilitarian things and so you would have to protect those with with a patent and probably a design patent but that doesn't mean that copyright isn't potentially applicable to that so if you were to have a fabric design that was unique that could be copyrightable or if there was a specific uh you know design or or carving on on something that was art on the chair that could be protected by copyright so multiple types of intellectual property can protect a a certain product um you know just because something you know is is particularly one thing doesn't mean it could be you know can't be protected by all sorts of other things like someone with trademark for instance you know if um you know if you have a you know a a like the chair for instance if the chair is protected by a design patent and then you have copyrights on the fabric design and maybe you know um you know some some carvings on it you could have a copy around that but if there are brand names on it or if there are things that uh that really show that it's part of your company like say gucci if they were to have gucci on the fabric that could be protected by trademark as well um so you know there those are some you know those are some things where you know there are multiple types of ip and then for as far as trade secret goes if it's
Thanks for your comment Antione Nieland, have a nice day.
- Salvador Mohan, Staff Member
intellectual property or IP refers to something a person has either thought of or created some examples of IP include designs processes songs logos discoveries symbols and even brand-new varieties of plants IP belongs to the person who thought it up or put the work into creating it they get to decide who makes it how and where it's used and who can sell and profit from it but how can thinkers and creators keep their IP safe from misuse by others after all in a digital world it's easy to copy an idea or a design luckily there are laws in place to protect IP once a person is ready to go public with it there are four major paths to legal protection applying for a patent patents cover things like inventions new processes new machines and new ways of manufacturing things applying for a copyright copyrights protect works like art music writings movies and even software using a trademark to cover unique branding and identifiers like business names logos slogans mascots and more keeping something secret trade secrets make sure that things like manufacturing processes formulas and compilations of information never make it into the wrong hands getting these protections in place may seem difficult or time-consuming at first but protecting yourself is well worth the time and effort and it's not as hard as you may think this is where technology transfer or t2 comes in t2 helps negotiate the use sharing and assigning of IP so that companies and individuals can use government technology or a joint project between the government and private sector can take place t2 can make it easy to license a patent or share confidential information so both parties can help each other solve problems or create new products you
Thanks honsaratzx your participation is very much appreciated
- Salvador Mohan
About the author
I've studied quantum optics at Stony Brook University in Stony Brook and I am an expert in nutritional anthropology. I usually feel nerdy. My previous job was child care center administrator I held this position for 6 years, I love talking about reiki and mushroom hunting. Huge fan of Roger Federer I practice skateboarding and collect phone cards.
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