Page 6 - Grapevine May-June 2019

In The Winery

Did You Patent that Copyrighted

Trademark? Um, No.

By: Brian D. Kaider, Esq.
H aving worked in intellectual property for Patents Protect Ideas – Sort Of

nearly 20 years, I often take for granted
that people have a working knowledge of
the different types of IP rights. That misconcep- Most people have a general understanding that
a patent protects an “invention” or idea. In a very
tion is frequently revealed when a friend or family general sense, that’s true. But, while Congressional
member (with whom I’ve had many conversations authority to grant patent rights comes directly from
about IP) asks, “didn’t you patent that company’s the U.S. Constitution (Article 1, Section 8, Clause 8),
logo?” “Well, no,” I explain, “but, I did get it feder- exactly what is patentable is the subject of tremen-
ally registered as a trademark.” Taking a step back, dous confusion even among federal judges; some-
I realize that it can be quite confusing. So, this times requiring clarification from the U.S. Supreme
article is meant to introduce the four main types Court. The purpose behind patents is to encourage
of intellectual property and how they apply to the innovation by granting exclusive rights to one’s dis-
wine industry.
Page 4 The Grapevine • May - June 2019 877-892-5332

Grapevine Main Pages GV050619_Layout 1-1 .indd 4 4/16/19 12:57 PM