Trade Secret
Not generally known?
Not readily ascertainable?
Subject of reasonable efforts to maintain secrecy?
Commercially valuable?
Copyright
Fixed in a tangible medium of expression?
Original work of authorship?
Not an unauthorized derivative work?
Not expired?
Trademark & Trade Dress
Source identifier?
Distinctive?
Not generic?
If descriptive, then secondary meaning?
If product design, then secondary meaning?
Used on goods in interstate commerce?
Not used to protect a non-reputation related disadvantage based on use, cost, quality, or efficiency?
Not abandoned?
Renewal fees paid?
Utility Patent
New?
No anticipating reference before invention date?
No anticipating reference one year before filing date?
Not abandoned?
True inventor?
Non-obvious? (prior art)
Commercial prospects?
Useful?
Sufficient disclosure to support the claims?
No inequitable conduct before the patent office?
All known relevant and non-cumulative references disclosed during patent prosecution?
No fraud on the patent office?
No double patenting?
Expired for failure to pay maintenance fees?
Expired due to its limited duration now typically but not always 20 years U.S. filing date?
Design Patent
New?
Original?
Ornamental?
Design for an article of manufacture?
Expired due to its limited duration (currently 14 years from grant)?
Plant Patent
Distinct and new variety of plant?
Inventor or discoverer has asexually reproduced?
Expired due to its limited duration now typically but not always 20 years from the U.S. filing date?