Article One, Section 8 of the United States Constitution authorizes Congress to “...promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Under this provision, creators can be given the right to exclude others from using their inventions, designs or other creations — and to use that right to negotiate payment in return for others using them. These “intellectual property rights” may take a number of forms.
Ideas and knowledge are an increasingly important part of domestic and global business. Most of the value of new technology products and services lies in the amount of invention, innovation, research, design and testing involved. These efforts can produce valuable design patents
, utility patents
, and trade secrets
. Films, music recordings, books, computer software
and on-line services, generally the subject of copyrights
, are transacted because of the information and creativity they contain, not usually because of the materials used to make them. Business and product branding has also increased in value in the modern marketplace, putting added emphasis on building and retaining “good will” associated with trademarks
. RatnerPrestia is skilled at procuring protection for all types of intellectual property.