Intellectual property is a key component in business, real estate, entertainment, and many other fields. This is why individuals and companies in various fields often hire intellectual property (IP) lawyers. An experienced IP lawyer can help his or her clients protect their intellectual property rights through various forms, such as trademarks and copyrights. In addition, IP lawyers advocate for their clients in court proceedings when necessary. If you have intellectual property to protect, consider contacting a skilled California intellectual property lawyer at Polymath Legal PC by calling (833) 931-6418 to learn more about how an IP attorney can help you.
What Do Intellectual Property Lawyers Help Clients Protect?
A mere idea may not qualify as intellectual property, as the idea needs to have been translated into some physical—or digital—form. For example, the idea for an algorithm that helps internet users find the cheapest prices may not be intellectual property, but the algorithm, along with the software that makes it run, is considered intellectual property. Therefore, its owner has certain IP rights.
Intellectual property law is a broad field that encompasses an extremely wide range of properties. The World International Property Organization (WIPO) defines IP as creations of the mind, such as inventions, designs, literary and artistic works, and the symbols, images, and names used in business. All forms of intellectual property are protected by law, and IP attorneys are available to help a wide variety of clients protect the various forms of IP from infringement. Intellectual property lawyers commonly represent individuals in the arts and entertainment field as well as companies in the fields of media, technology, information technology (IT), life sciences, and many others.
How Do Intellectual Property Laws Help Me?
Intellectual property laws protect and enforce the rights of the creators and owners of various forms of intellectual property. Generally, IP rights can be protected through one of the following forms of intellectual property laws:
- Copyright
- Trademarks
- Patents
- Trade secrets
Copyright
Copyright law is a branch of intellectual property law that protects original works of authorship that have been translated into tangible forms of expression. The owners of works like paintings, song recordings, musical compositions, books, blog posts, films, and a wide range of other creative works can protect their IP rights by copyrighting these works. Copyright owners are granted exclusive rights that are used to protect the copyrighted work, as established by the United States Copyright Office. These rights mean that only the copyright owner is legally allowed to do the following:
- Copy and reproduce the work
- Create derivative works based on the original
- Distribute copies to the public through sales or other transfers of ownership or by leasing, renting, or lending
- Perform or display the work publicly if it is literary, musical, dramatic, or choreographic
Copyright also provides the owner with the right to allow others to use these exclusive rights. If these rights are infringed upon—if the work is used without permission—the copyright owner may have grounds for a lawsuit.
Trademarks
Trademarks are typically used by businesses to protect words and designs that identify the source of their products. Common examples include corporate logos and brand names. The trademark owner has exclusive rights to use the trademarked content. If another party uses the trademark without permission, that party may be guilty of trademark infringement. In that case, the owner of the mark may have grounds for an infringement lawsuit.
Trademark protection extends beyond the trademark itself. Other entities are also prohibited from using any trademarks that are likely to cause confusion with an existing mark. This means that companies may not use symbols or brand names that are too similar in appearance, sound, or meaning to an existing trademark. If you believe that your trademark has been infringed upon, you can learn more about how an IP attorney can help you from a skilled attorney at Polymath Legal PC.
Patents
Patents protect original inventions for a predetermined period. The United States Patent and Trademark Office (USPTO) has the unique authority to grant patents. Patent holders have the right to produce their products without competition for the duration of the patent. This gives companies and individuals an incentive to continue developing new products and services. There are three main types of patents:
- Utility patent—Protects newly created or improved products, processes, and machines. A utility patent is essentially an invention patent that prohibits others from making, using, or selling the patented creation without permission. These patents are valid for up to 20 years
- Plant patent—Protects the characteristics of new and unique plants, prohibiting others from copying, selling, or using them
- Design patent—Offers protection for the unique appearance of manufactured items, such as the distinctive shape of a car’s headlights
Trade Secrets
A trade secret is the intellectual property of a company and must be kept private, have economic value, and carry information. Common examples include recipes, formulas, and processes that give the company a competitive advantage in a certain industry.
What Questions Should I Ask an IP Lawyer?
Businesses, creatives, and any other individual or entity with intellectual property may, at some point, consider speaking with an IP lawyer about protecting intellectual property rights. During a thorough search to find an experienced lawyer who meets your general needs and is familiar with your area of intellectual property, the following questions may help you to find the right fit:
- Do I need an intellectual property lawyer?
- What is your background as an IP lawyer?
- Which form of intellectual property protection do I need?
- Are you a registered lawyer with the USPTO?
- What should I do if my IP rights are infringed upon?
Learn More from an IP Lawyer Today
If you are a business owner or individual with intellectual property to protect, an IP lawyer may be able to help. Whether it is a copyright, trademark, patent, or trade secret, your IP rights are important. You may need to take legal action if these rights have been infringed upon by another party. To learn more about how an IP attorney can help you protect your IP rights or about other intellectual property matters, consider contacting Polymath Legal PC today by calling (833) 931-6418 to schedule a consultation.