Trademark | Copyright | Patent | Trade secret | |
Source of law | Federal & state | Federal | Federal | Generally state |
Rights upon | Use in commerce | OWOA fixed in tangible medium | Registration | While remains TS w/ reasonable security meas. |
Disclosure | None (though applications and registrations are public) | None (though registrations are listed in CR Office database) | Prior art, drawings, claims, etc., published. | General public disclosure can lead to loss of trade secret |
Term | As long as used in commerce; registrations for 10 years | Varies, LOA + 70 years | 20 years for utility patent | As long as still a TS |
Registration | No/benefits | No/benefits | Required | No |
Functional | Defeats TM | Defeats CR | A requirement | TS covers information, which includes functional matter |
Delay in filing | Can still register | Can still register | May lose (statutory bar) | N/A |
Independent creation | No defense if LOC | Is absolute defense | US AIA : “first inventor to file” | Independent parties can have TS |
Copying | May lead to presumption or inference of LOC | Is an element of direct copyright infringement | Subsequent inventors may write “blocking” patents | Unauthorized acquisition is prohibited, but reverse engineering may be ok. |