When working in a field where you’re creating or developing new ideas and materials, it can be complicated to know what is defined as intellectual property and who owns it — especially when you’re first getting started. Intellectual property deals with a wide range of concepts, from creative ideas to algorithms. This means that knowing how to identify intellectual property, its ownership, and the basics of it will help you immensely in the long run.
How California Law Defines Intellectual Property
To be able to determine whether something can be claimed as intellectual property, you first need to know what intellectual property is. The state of California defines intellectual property as creations of the mind — meaning ideas, inventions, and developments alike are all intellectual property. It is also something that can be protected under the law. Examples of intellectual property include (but are not limited to):
- Designs
- Art
- Logos
- Algorithms
- Photography or film
- Literature
- Computer software
- Inventions
- Fonts
The Different Types of Intellectual Property
Intellectual Property Rights California is the area of state law that aids in protecting intellectual property for both employees and employers. It categorizes intellectual property within four main areas:
Patents
Patents can be assigned to a broad range of creations. They are given to the creators of the work that is being patented unless there is a transfer of assignment that takes place. With a Patent Assignment Agreement, a business (or whoever is interested) can have the inventor of the creation sign over ownership to their company, therefore giving them all legal rights to the intellectual property. This is most commonly seen with big businesses that see ideas they like from smaller creators. Different patents commonly used in California include:
- Design Patents Design patents are used by inventors and companies that want to protect their unique designs and keep them strictly within the business. They can be used on items such as a business’s font or the design of their shoe. For example, some well-known design patents include the famous shape of the Coca-Cola bottle and the Apple iPhone.
- Utility Patents Utility patents are the most common kind of patents you will see. They’re different from design patents in that they often cover things that perform an action or do something “useful,” such as a machine, process, or product. A utility patent helps to protect new inventions that a person or business wants to keep as their own. The most famous example of a utility patent is Thomas Edison’s lightbulb.
- Plant Patents Plant patents may not be as commonly known, but they’re still just as useful to those trying to protect their intellectual property. Plant patents are given to those who invent or discover a new plant species or variety. The patent protects the plants from being copied and sold by other groups.
Copyrights
Copyright laws can give ownership to the actual creator of the work or to the creator’s employer, depending on the written agreements that were involved. For example, when a “work for hire” agreement has been signed, it means that under the circumstances laid out in the contract, work that is created by the employee is owned by the employer. They are then considered the legal owner and have the “right to copy” or continue to produce what they copyrighted. Common examples of works that get copyrighted include films, music, and literature.
Trademarks
Trademarks are used to assign ownership of specific designs like logos. They are owned by the company or brand that uses the design rather than the person who designed it. For a trademark to be considered a trademark and ownership of it to go to a company, it needs to be used consistently by a brand and filed as such. Trademarks protect things such as symbols, designs, phrases, and logos. The difference between copywriting and trademarking is that copywriting protects original creations, whereas trademarking protects identifying symbols or designs of a company.
Trade Secrets.
Trade secrets are a type of intellectual property that is not made to be shared with the public. Trade secrets are defined as information that is integral to a business and has ingrained economic value. They require protection because if they got out, the company or brand involved would be impacted negatively, whether it be from their ideas being taken or their products being recreated. A well-known example of a trade secret is the Google Search Algorithm. While some parts of it are known, the intrinsic details of how it ultimately works are still unknown to the public.
How Do You Claim Your Own Intellectual Property in California?
Because intellectual property can be anything from an idea to an actual invention, claiming it can get complicated fast. Claiming intellectual property revolves heavily around what was created, where it was created, and why it was created. If you are working alone as an independent contractor or freelance and create something, you are the owner of that intellectual property. However, if you are working with a company and create something on company time or with the help of any company resources, your employer will most likely be the owner of the intellectual property.
When working with companies in the creative or developmental fields, you’ll often be presented with agreements you have to comply with before joining a company’s staff. These agreements are often contracts such as “work for hires” or Patent Assignment Agreements, both of which transfer ownership of intellectual property to your employer. Because of this, it’s crucial to know the value of your intellectual property and ensure it goes into the proper hands.
Claiming Intellectual Property in CA
At The Myers Law Group, our team of professional intellectual property lawyers is more than experienced in helping you claim the ownership you deserve. Whether a company stole your idea or they’re trying to make you sign over ownership against your discretion, our attorneys are prepared to assist you however we can. For help regarding intellectual property in California or with any other questions or concerns, please contact our team here.