This post will be focusing on the 4 main pillars of intellectual property (IP).
1. Copyright
2. Trademarks
3. Patents
4. Trade secrets
Copyright ©
Copyright provides protection for original expression, this includes all forms of creative mediums such as art, literature, videos, music and photographs. Copyright rights themselves are automatically obtained as soon as the work is created, and the rights usually last for around 70 years.
The more vigilant readers may have noticed that I myself include a copyright label at the bottom of all my posts, as a reminder that I reserve the rights to the contents of each article.
An example:
J.R.R Tolkien’s The Lord of the Ring’s is still copyrighted as Tolkien himself died in 1973, so his work won’t enter the public domain until 2044. Whereas F. Scott Fitzgerald’s The Great Gatsby is already open to the public domain and no longer copyrighted as it has been longer than 70 years since the author’s death.
Trademarks ™ ℠ ®
Trademarks are recognisable symbols, signs, words or phrases which are used to differentiate and distinguish a company or product from their competitors. Rights usually last for 10 years but they are usually renewable indefinitely as long as the trademark is still being consistently used.
An example:
Nike’s ‘Just Do It’ trademark has been registered with the USPTO since 1988. Nike actively defend this trademark and they challenge competitors who intrude upon it with one Jewish themed sportswear range using the tagline. ‘Just Jew It’ which Nike sued them for.
Patents
Having a patent gives a legal right to exclusive control over producing, using and selling their invention for a limited period of time. However, it does mean that they have to fully explain how their invention works in return for the governments permission to monopolise it.
An example:
A famous was Apple’s “Swipe to Unlock” feature, which they’d defend against competitors aggressively. The patent’s description itself was “a touch-sensitive display that recognises a finger movement along a predefined path to transition the device from locked to unlocked state”. Samsung were sued by Apple for offering a similarly intuitive smartphone swipe gesture.
Trade Secrets
Trade secrets are confidential business information that provide a competitive advantage. Unlike patents or trademarks, trade secrets aren’t registered with the government and their protection comes from keeping them secret. Things which fit into the category of trade secrets include formulas, processes, practices manufacturing techniques and designs.
An example:
The most famous trade secret is probably that of Coca Cola’s recipe, which is also known as Merchandise 7X. The formula was created in 1886 and thus has successfully been kept for over 135 years. The formula is supposedly only ever known by two executives at once in order to prevent data leaks; and the physical description of the recipe is kept locked within a vault in the World of Coca Cola museum in Atlanta.
This table I made shows what each type protects in a visual form,
| IP TYPE | Protects | Duration | Registration |
| Patent | Inventions, processes, machines, designs | 20 years | Yes (USPTO) |
| Trademark | Logos, brand names, slogans, identifiable colours | 10 years (renewable indefinitely) | Yes (USPTO) |
| Copyright | Original creative works | 70-95 years | No |
| Trade Secret | Confidential formulas, recipes, information or processes | Indefinite (As long as it’s secret) | No |
What Each Type Does NOT Protect
- Patents: Abstract ideas, laws of nature, natural phenomena, or purely theoretical concepts
- Trademarks: Generic terms in your industry, functional features, or purely descriptive names
- Copyright: Ideas, facts, methods, systems, or useful processes (only the expression of ideas)
- Trade Secrets: Information that becomes public, is independently discovered, or is reverse-engineered
Key Takeaway
Choose your IP protection based on what you’re protecting and your business strategy. Patents require disclosure but provide strong monopoly rights. Trademarks protect your brand identity indefinitely. Copyright automatically protects creative expression. Trade secrets work best when you can maintain secrecy and want indefinite protection without disclosure.
Written by George Hocking
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© George Hocking, 2025
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