Intellectual Property Lawyer

A patent is a right given to inventors within the U.S. by the federal government to protect their inventions from being copied, used, or sold without their approval. Patents are issued by the USPTO (the United States Patent and Trademark Office). The patent granted in the U.S. can only be effective within U.S. territories, and the patentee is responsible for its enforcement without any aid from the USPTO. Generally, there are three kinds of patents issued in the U.S.:

• Plant Patents: These can be granted to any individual who discovers or asexually reproduces any new and distinct plant.
• Utility Patents: Utility patents can be granted to individuals who invent or discover distinct machines, useful processes, a composition of matter, an article of manufacture, or any useful improvement to an existing product.
• Design Patents: Ornamental and original designs for any article of manufacture can be granted a design patent.

The patent’s value is determined by the owner’s willingness to enforce patent rights. Such enforcement implies initiating an infringement lawsuit in U.S. federal court. These lawsuits can be complicated if the accused infringer challenges the patent’s validity.

Copyrights protect content that is original, creative, and expressed in some tangible form. Copyright protection does not extend to abstract things such as ideas or any factual information.

According to IP law, a copyright owner is the only one with the right to reproduce or copy their original creation and is free to decide who can use, purchase, and refashion their works. Copyright infringement is uncommon; however, it can be challenging to prove in court without expert legal representation.

A trademark can be a word or symbol that identifies a business’s goods and services. Its protection is necessary because it can prevent others from benefiting from the business’s reputation and goodwill in the marketplace.

In the U.S., federal registration is not necessary for businesses to obtain trademark rights, but if a company is registered for these rights, it can greatly benefit them. For example, federal registration gives the business an exclusive right to be nationally identified by the trademark.

If a company wants to pursue trademark infringement litigation, it should have sufficient proof that they own the trademark and that the infringement would result in a loss of reputation or profit.

A trade secret can be any pattern, product design, program, device, compilation, technique, method, or process that gives a company an economic advantage over its competitors because the competitors are unaware of such a deed or activity.

According to the USPTO (United States Patent and Trademark Office), any piece of information qualifies as a trade secret if steps are taken to maintain its secrecy and its profits are directly linked to its secrecy. Under federal law, there can be no recourse for people who independently develop the same product or use reverse engineering. In addition, if someone has stolen or illegally obtained the trade secret, the company can start a misappropriation claim.