An Intellectual Property Law Primer

Intellectual property. Most attorneys know just enough about patents, trademarks and copyright to know you patent an invention, trademark your product line and copyright your writing. It goes well beyond these simple axioms however, and that is where this somewhat obscure field of law gets dangerous. In this first of a series of articles, I'd like to introduce the basic building blocks of intellectual property. In future articles, I'll delve into each facet, hopefully answering questions posed to you in the course of your own practice.

Let’s start with the kingpin of IP: Patents. Patents grant a legal monopoly, for a limited period of time, under authority of the U.S. Constitution. A patent is a creature of federal law and the rights and laws exclusive to patents are solely a matter of federal concern. A patent grants the patent owner (patentee) the right to exclude others from making, using or selling the invention. There are three types of patents. A utility