Carefully utilizing your patent, trademark, and copyright effectively.

Every tool known to mankind has their own unique attributes and uses. And so it is the same for Patents, Trademarks, and Copyrights. Each Intellectual Property is more appropriately utilized for some ventures rather than others. Understanding these ideas will enable you to make the law work for you rather than against you.

When it comes to effectiveness, patents are the blue chips. Because Patents are strict liability, and when they are drafted carefully and with diligent foresight, they can be used to limit reverse engineering of competitors. However, the principal disadvantage with patents is their relatively short term of 20 years for utility patents and 14 years for design patents.

Service marks or Trademarks do not have share the same relatively short terms of enforcement. Indeed, Trademarks may be enforceable forever so long as they are used continuously as proper source identifiers. The mark NESTLE'S EAGLE BRAND, based in Hong Kong harkens back to 1874. However, on balance, Trademarks are weakened by various fair use exceptions and other concerns to the inherent strength or weaknesses that may inhere with the mark where the mark may be too descriptive of the product or service to which it is associated.

As it is with Trademarks, Copyrights are similarly afforded a relatively long term. The Terms of Copyright protection start from the time of creation of the work, in addition to the life of the author, in addition to an additional 70 years after the death of that author. As it is with Trademarks, Copyrights are also weighed down with fair use exceptions.
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