Bugusa, Inc.

BUGusa, Inc.

**This is just the legal protections for intellectual property portion***

Intellectual Property Protection

The US has laws that can help BUGusa protect its intellectual property rights. Intellectual property is an intangible asset including processes unique to a business, designs, original creations, and products. The laws to protect these assets are patents, copyrights, trademarks, and trade secrets. Different types of intellectual property are protected in different ways, but all four types of laws can protect one product or service at the same time. For example, “a car is probably protected by patent, copyright and trademark laws: The logo of the car may be copyrighted, but its engine, transmission, brake system and electrical system probably are protected by several patents. Meanwhile, the name of the model and manufacturer are trademarks.” (Retsky, 1999)

Copyright laws give certain rights to creators of original works of authorship. It prevents others from using their work and gives them an incentive to innovate. “Copyright protection does not extend to ideas, facts, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Instead, it protects the ways in which they are expressed. The story line of a play, for instance, is protected, but the ideas, themes, or messages underlying it are not.” (Mallor, 2007) The U.S. Constitution’s Copyright Clause (Article I, section 8) empowers Congress to promote the progress of Science and useful arts by enacting copyright and patent laws.

A patent can be viewed as an agreement between an inventor and the US government. The government grants the inventor a temporary monopoly, exclusive rights to make, use, and sell the invention, in exchange for making the invention public. Patents protect functional features, such as a special kind of disposal used in Kenmore dish washers. The patent law provides that the patentee’s exclusive rights exist until the expiration of 20 years from the date the patent application was filed. However, a design patent exists for 14 years from the date it was granted. The United States Patent and Trademark Office handles patent and trademark applications. They determine whether the invention meets the requirements for patentability, and reviews the trademark for distinctiveness.

A trademark is a distinct word, name, or symbol used to identify and distinguish tangible goods from the products of competitors. Trademark protection can also extend to colors, pictures, labels, slogans, sounds, or an arrangement of letters and numbers. For example, the McDonald’s golden arches, or the Coca-Cola label are trademarks. Federal registration of a trademark lasts for 10 years, with possible renewals for additional 10-year periods. However, the government will cancel a registration six years after its date unless the registrant files an affidavit detailing that the mark is in use or explaining its nonuse.

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