Small Business Development Center (SBDC) at Oakton College

Need to protect your idea, name, or creation? The information below will help you understand the basics of intellectual property and connect you to the tools you need to search, apply, or get help—all in one place. Intellectual property is especially important for entrepreneurs because it helps protect the ideas, products, services, and creative work that make a business unique. Understanding the different types of intellectual property—patents, trademarks, copyrights, and trade secrets—can help business owners avoid legal issues, build brand recognition, and maintain a competitive edge. 

Intellectual Property, as defined by the World Intellectual Property Organization, refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. Intellectual Property is protected by law through tools such as patents, copyrights, and trademarks. These protections allow people to earn recognition or income from their creations. 

A patent, as defined by the United States Patent and Trademark Office, gives you, the inventor, the right to exclude others from making, using, selling, or importing your invention into the United States. A patent does not give you the right to make or sell your invention—it gives you the right to prevent others from doing so. If someone uses your patented invention without permission, you have the right to take legal action. U.S. patents only apply within the United States and its territories. There are three main types of patents: utility patents for new or improved processes, machines, or products; design patents for new and original designs; and plant patents for new plant varieties that are asexually reproduced.

A trademark, as defined by the United States Patent and Trademark Office, is any word, phrase, symbol, design, or combination of these that identifies your goods or services. It helps customers recognize you in the marketplace and separates your brand from others. The term "trademark" covers both trademarks for goods and service marks for services. 

Copyright, as defined by the United States Copyright Office, is legal protection for original works of authorship that are fixed in a tangible form. This includes books, music, software, photographs, movies, blog posts, plays, and more. Copyright begins as soon as the work is created in a physical or digital format. It gives the author the right to control how their work is used, shared, and reproduced.

This section provides valuable resources for inventors, entrepreneurs, and businesses to navigate the complexities of intellectual property.