Although production agriculture has traditionally not been concerned about intellectual property issues, it has become more important in recent years. With the advent of branded specialty agricultural products, the need for various types of intellectual property protection has increased. For some value-added agricultural businesses, intellectual property is important in protecting the core of their competitive advantage in the marketplace. So, understanding intellectual property and how to use it is vital to the success of many value-added agricultural business ventures.

Intellectual property usually includes patents, trade secrets, trademarks and copyrights. Patents and trade secrets are most important for protecting proprietary technology or new processes. Trademarks are important for protecting the identification of your product in the marketplace.  Copyrights are usually less important in the value-added agriculture.

To help understand intellectual property in general, read Intellectual Property 101 and Clearing up the Confusion about Patents, Trademarks & Copyrights.

Patents are sometimes used in value-added businesses.  Purpose for Patenting a Business Method and Provisional Patent Applications: Fact versus Myth will help you understand patents and the patent process.

For those planning to use a trademark, read Trademark Searches as Risk Management. For value-added businesses involved with copyrights read Works Made for Hire: Who Owns the Copyright?  If you have an invention, read Let the Inventor Beware.

History and Trends in Agricultural Biotechnology Patent Law from a Litigator's Perspective, Developments in GMO Patent Infringement Cases, and Seed Wrap License will help you understand the issues of intellectual property pertaining to agricultural biotechnology.  Future business activities involving Nanotechnology: The Smallest 'Big' Thing will draw a lot of intellectual property attention.

For more information on this topic, see the links listed below of articles posted on related Web sites.

Intellectual Property

• Intellectual Property: Obtaining Patents, Trademarks and Copyrights – Purdue University Extension – Intellectual property rights are frequently used to protect innovations.
  
• Protecting Intellectual Property – Lawyers.com -- The term intellectual property covers the content of the morning paper (copyright), the logo and styling of a cereal box (trademddddark), and the car radio’s scanning function (patent).
  
• Tools for Protecting Your Intellectual Property - HBS Working Knowledge -- Using the Internet can save you money and time when doing preliminary research on patents, trademarks, and copyrights. Here are some resources to consider.
  
• Protecting Intellectual Porperty - Lawyers.com -- There are four basic categories of intellectual property: patents, trademarks, copyrights and trade secrets.  While there can be overlap, each category affords different protections and is used with different types of material.
  
• Intellectual Property Terms – Clemson University.
  
• Trademark and Patent Glossary – U.S. Patent and Trademark Office.
  
• File Patents and Trademarks - U.S. Patent and Trademark Office -- Electronic Business Center for patents, trademarks, and online fee payments.
  
• Intellectual Property: Selecting a Good Lawyer - Lawyers.com -- You should focus your search for lawyers on those who hold themselves out as having expertise with the particular type of legal issues or problems that you are facing.
• IPO - Intellectual Property Owners Association - An association that supports member interests relating to legislative and international issues; provides news and educational services and networking opportunities; and disseminates information to the public on the importance of intellectual property rights.

Intellectual Property in Software and Web Development

• Copyrighting Your Software -- Why Bother? - NOLO Law for All - If you publish computer software, the single most important legal protection available to you is the federal copyright law. Here's how to make it work for you.
  
• Software Development Agreement – Just Hold your Nose and Write One – NOLO Law for All -- Oral agreements to develop or modify computer software are worthless. When you make a deal, write it down.
  
• Meta Tags and Customer Confusion – NOLO Law for All -- Improper use of someone else's trademark in your meta tags can land you in legal hot water. Here's what you need to know.
  
• Getting Permission to Publish: Ten Tips for Webmasters – NOLO Law for All -- Think you can use someone else's work on your website without a licensing agreement? Think again.
  
• Linking, Framing and Inlining – NOLO Law for All –  Every website developer should know when using others' graphics, deep links and frames to get to other sites is allowed, and when it can lead to trouble.
  
• If You Publish It, Will They Come? – Tips on building a loyal audience for your website.

Trade Secrets

• Trade Secret Basics FAQ – NOLO Law for All -- Questions and answers that explain what every business owner should know about trade secret law.
  
• Definition of a Trade Secret – U.S. Department of Labor – A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use.
  
• Nondisclosure Agreements – NOLO Law for All - Learn about the best way for a business to protect its trade secrets.
  
• Noncompete Agreements – NOLO Law for All – Non-compete agreements protect employers from losing valuable trade secrets and employees. Here's how to make sure your agreement will hold up in court.

Patents

• United States Patent and Trademark Office - An Agency of the the United States Department of Commerce.
  
• Getting a Patent – NOLO Law for All -- The patent laws provide the protection that's necessary to turn your invention into green.
  
• The Patent Process - Lawyers.com -- The patent right is offered as an incentive for inventors to disclose how to make and use their inventions.  To receive a patent, inventors must apply to federal government.  The term of the exclusive right lasts for 20 years from the date when the application is filed.  If the patent is granted, the government publishes a full description of the invention and its use in the patent disclosure.
  
• Types of Patents - United States Patent and Trademark Office -- Describes the various types of patents.
  
• Challenging or Infringing another’s Business Method Patent – NOLO Law for All -- Has another company patented a technology that you need to use? Learn your rights and options.
  
• You Don’t Need a Lawyer to Get a Patent – NOLO Law for All -- Thousands of inventors have successfully obtained patents without hiring lawyers. Here's how.
  
• Frequently Asked Questions about Patents - United States Patent and Trademark Office.
  
• Qualifying for a Patent FAQ – NOLO Law for All -- Learn whether your invention is eligible for patent protection.
  
• How Patents Differ from Copyright and Trademarks – NOLO Law for All -- If you're seeking a design patent, you should be aware of copyright and trademark laws, too.

Obtaining Patent Protection

• The Patent Process – Lawyers.com – Patents are an exclusive right granted by the federal government to the inventors of new and useful machines, articles, substances or processes.
  
• How to Get a Patent - United States Patent and Trademark Office - Steps on how to file a patent application.
  
• Provisional Application for a Patent - United States Patent and Trademark Office -- Provisional applications are like temporary placeholders; they allow inventors to file inexpensively without a formal patent claim, oath, or declaration. Once the application is filed, the applicant has one year to investigate the feasibility, marketability, patentability, and potential licensee interest of the invention before deciding to file a formal patent application. Meanwhile, the term patent pending can be applied to the invention, and the inventor enjoys a calendar edge on other inventors who may file for the same invention.
  
• Provisional Patent Application: Quickest Way to “Patent Pending” – NOLO Law for All -- Filing a provisional patent application guards against rip-offs while buying time to file a regular patent application.
  
• Patent Searching Online – NOLO Law for All -- When you have a great idea for an invention, the Internet can help you find out whether someone else has already thought of it.
  
• Understanding Patent Applications – NOLO Law for All -- What's involved in drafting and filing a patent application? Here's an introduction to the steps you need to take.
  
• Making Your Own Patent Drawings – NOLO Law for All -- Can't draw a straight line? Don't worry, new computer programs can. Better yet, they can erase them.
  
• Obtaining Business Methods Patents – NOLO Law for All -- A company that develops a new way of conducting e-commerce may be able to prevent others from using it for almost two decades.
  
• Challenging or Infringing Another’s Business Method Patent – NOLO Law for All -- Has another company patented a technology that you need to use? Learn your rights and options.
  
• Filing Fees - United States Patent and Trademark Office -- The price of applying for a patent depends on a number of factors, and can range from hundreds to thousands of dollars. In addition, the cost of keeping an approved patent valid for its full term requires several thousand dollars in government fees alone. A 50% discount applies to small entities in certain conditions. Prices are subject to review each year, so visit the U.S. Patent and Trademark Office or seek a lawyer for current information.

Using Your Patent

• Profiting from Your Patent – NOLO Law for All -- Once you have a patent, it's up to you to make it profitable by licensing it or selling it.
  
• How to Protect Your Invention when Pitching It – NOLO Law for All -- If you're trying to license your invention, you run the risk that someone will rip you off. Here are some ways to avoid trouble.
  
• Enforcing a Patent – NOLO Law for All -- If someone violates your patent, you can take legal steps to stop the infringement.

Copyrights

• Copyrights – Lawyers.com – What does copyright cover?
  
• Understanding Copyrights - United States Copyright Office - A wide range of information on copyrights.
  
• Frequently Asked Questions about Copyright - United States Copyright Office -- The Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office.
  
• Copyright Basics FAQ – NOLO Law for All -- These frequently asked questions explain what a copyright is and what exactly it protects.
  
• Copyright Ownership and Rights FAQ – NOLO Law for All -- As a general rule, the copyright in a work is initially owned by the work's creator, but this isn't always the case.
  
• Copyright Registration Notices and Enforcement FAQ – NOLO Law for All -- How to get maximum protection from the federal copyright laws.
  
• When Copying is OK: The “Fair Use” Rule – NOLO Law for All -- In some situations, you may make limited use of another's work without asking permission.
  
• A Guide on Copyrights – IPR-Helpdesk.
  
• Copyright Expiration - University of North Carolina -- The duration of copyright protection depends not only on when a work is created but also when it is published. Created by a professor at the Franklin Pierce Law Center, the Copyright Expiration Table illustrates the dates that copyrights will expire and associated works will pass into the public domain.

Trademarks

• Trademarks – Lawyers.com -- To be a trademark, the mark must be identified in the minds of consumers with a particular source of a good or service.
  
• United States Patent and Trademark Office -- The U.S. Patent and Trademark Office is the primary source of patent and trademark registration protection used by U.S. and international businesses.
  
• Trademark FAQ - United States Patent and Trademark Office -- Frequently asked questions about researching, applying for, and using a trademark.
  
• Types of Trademarks FAQ – NOLO Law for All -- Trademarks, service marks, certification marks, collective marks, trade dress...Learn the difference.
  
• Qualifying for Trademark Protection - NOLO Law for All -- Frequently asked questions explaining what types of names are given trademark protection.
  
• How the Law Protects Trademarks FAQ – NOLO Law for All -- Frequently asked questions explaining what types of names are protected.
  
• Conducting a Trademark Search FAQ – NOLO Law for All -- To find out whether you're legally permitted to use the name you've chosen for your products and services, you must conduct a trademark search.
  
• Filing a Federal Trademark Application FAQ – NOLO Law for All -- What you need to know to secure protection for your trademark under federal law.
  
• Enforcing Your Trademarks FAQ – NOLO Law for All -- Advice on how to make trademark law work for you.
  
• How Trademarks Differ from Patents and Copyrights – NOLO Law for All -- These frequently asked questions teach you the differences between these important types of intellectual property.

Licensing Agreements

• Licensing Agreements – Lawyers.com – A license is really nothing more than a contractual right that gives someone permission to engage in a defined activity or to use certain property that is owned by someone else.