Basics · 6 min

The four types of IP, and what each one protects

Trademark, copyright, patent, and trade secret — how to tell them apart, and where they overlap.

✎ DRAFT — pending attorney review. General educational information, not legal advice; no attorney–client relationship is created.

"Intellectual property" is really four different tools. Each protects a different kind of thing, from a different agency, on a different timeline. Pick the wrong one and you waste money; miss one and you leave a hole. Here's the whole map.

1. Trademark — your brand identity

Protects the name, logo, or slogan that tells customers a product or service is yours. Rights come from using the mark in commerce; federal registration with the USPTO makes those rights nationwide and far easier to enforce. It lasts forever, as long as you keep using the mark and file the maintenance paperwork. This is the core of what we do.

2. Copyright — your creative work

Protects original works of authorship — writing, art, photography, music, video, and software code. Protection is automatic the moment you fix the work in tangible form, but registering with the U.S. Copyright Office unlocks statutory damages and attorney's fees against infringers. It lasts the life of the author plus 70 years.

3. Patent — how something works (or how it looks)

A utility patent protects a new, useful, and non-obvious invention — a device, process, method, or functional improvement — for 20 years. A design patent protects the ornamental appearance of a product for 15 years. Patents are granted by the USPTO only after a rigorous examination, are the most expensive and technical form of IP, and carry hard deadlines: in the U.S. you generally must file within one year of any public disclosure, and most countries require filing before any disclosure at all. This is specialized work handled by a registered patent attorney or agent.

4. Trade secret — what you keep confidential

Protects confidential business information that gives you an edge — a formula, recipe, method, algorithm, or customer list. There's no registration and no expiration: protection lasts exactly as long as the information stays secret. It comes entirely from how you guard it — NDAs, confidentiality clauses, and access controls. Disclosing it publicly (in a patent, say) destroys it.

The overlaps that trip people up

Most real products need more than one. A logo is a trademark and a copyright. Software is copyright (the code), possibly a patent (a novel function), and its name is a trademark. A distinctive product shape can be both a design patent and trademark "trade dress." The right question is never "which one?" but "which combination?"

Not sure where your idea fits? Our two-minute quiz points you to the right protection.

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© LaunchTime IP · Draft pending attorney review — not legal advice. An attorney–client relationship forms only on a signed engagement.