Intellectual property laws revolve around rules to protect certain things for individuals. The term itself is brad and general because the umbrella of laws encompasses many things. When people think of patent attorneys they are thinking of one thing under this umbrella when in fact intellectual property practice includes not only patents but other parts. Read below to see the different types of intellectual property law and see why intellectual attorneys are well versed in all areas and work in all areas.
Trademark
This law revolves around words and phrases. Logos and symbols are also protected under this law. These logos and symbols are distinct to their brand, hence the reason they are protected by trademark law. This protects the words, phrases, logos and symbols from being used and gives the holder an opportunity to immediately stop the usage with the help of an patent attorney by going to court.A trademark search can help individuals find trademarks that are already in use, saving time, money and frustration.
Patents
Patents are meant to protect property rights for inventions. This protection keeps others from making the invention and selling it as their own. A patent protects the invention for a period of 14 years. There are three types of patents that revolve around inventions. Utility patents are the most common and include processing and composition. A design patent not only covers the original but also new inventions. A plant patent pertains strictly to plants. These protect asexually produced plants for a period of 20 years.
Copyright
Copyright laws pertain to certain people mainly those in the entertainment industry. It protects artists, writers, those who engage in photography and musicians. Copyright allows these professionals to delegate exactly how their work is used. Copyright exists from the moment the professional creates the work, however it must be registered in order to seek any damages in a copyright infringement suit.
Trade Secret
A trade secret law is one that protects a secret formula, usually used in products or in foods. The difference with this type of protection is that there is no registering it in order to get protection. Protection is granted so long as the proper steps are taken to minimize and control disclosure of what you want to be a trade secret. This means that information should only be accessed by certain people, in order to maintain that the information was considered secret and not for the open eye to see.
Infringement
This is a term that patent attorneys are aware of. This term refers the unauthorized use of any type of intellectual property. It is the responsibilities of the owners to let others know that rights exist to their intellectual property. A lawyer who is well versed in intellectual property practice will know proper steps to take to enforce the holder’s rights. This is usually done in federal court, but don’t just go to federal court and file a case. You would have to be well versed in the intellectual property practice field in order to stand your ground. Since most people are not, it’s important to find someone who is educated in intellectual property practices. Consult with a patent lawyer and ensure that they know everything about intellectual property practices before choosing one.
The first step is knowing your rights. If you are sure that your intellectual property was fully protected, then an infringement has occurred. The next step is to find an intellectual property attorney to help you seek damages. Don’t rush to find an attorney as soon as possible. Check and make sure that the attorney you choose has experience in intellectual property practice and has taken similar cases in the past. Don’t be afraid to ask questions when choosing the right lawyer. They are working for you to help you, meaning it is a team effort. Choose the right player for your team.
