Page 7 - Beverage MasterOct Nov 2020

Legal & Marketing

Intellectual Property for

Beverage Manufacturers

By: Brian D. Kaider, Esq.
W hile many people are familiar with the 1, Section 8, Clause 8), exactly what is patentable

four main types of intellectual prop-
is the subject of tremendous confusion among the
erty: patents, copyrights, trademarks,
and trade secrets, often they don’t U.S. population, examiners at the U.S. Patent and
Trademark Office, lawyers, and even judges; some-
know the distinctions between them or what they times requiring clarification from the U.S. Supreme
are meant to protect. This article is meant to cut Court. The purpose behind the grant of a patent
through the confusion and explain these distinctions is to encourage innovation by granting exclusive
and how each property right applies to the bever- rights to one’s discoveries for a limited time. In
age industry. other words, it gives the patent holder a short-term
(20 years from the date of filing) monopoly on his
Patents Protect Ideas – sort of invention. Generally, new machines, chemicals,
electronics, methods of production, and in some
Most people have a general understanding that cases, methods of doing business, are eligible for
a patent protects an “invention” or an idea. In a patent protection.
very general sense, that’s true. But, even though
the Congressional authority to grant patent rights But, not all ideas are patentable. In fact, ideas
comes directly from the U.S. Constitution (Article alone cannot be patented. They must first be

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