What is Intellectual Property Law?
Intellectual property law protects creations of the mind – inventions, artistic works, brand names, and business secrets. IP attorneys help secure patents, register trademarks, protect copyrights, and guard trade secrets. They also enforce these rights against infringers and defend against infringement claims.
What to Look For
- Specialization in yourSpecialization in your type of IP (patents, trademarks, etc.)
- Technical background forTechnical background for patent work
- USPTO registration forUSPTO registration for patent attorneys
Red Flags to Avoid
- No technical backgroundNo technical background for patent work
- Unfamiliarity with USPTOUnfamiliarity with USPTO procedures
- No experience withNo experience with IP litigation
Typical Costs
$1,500-$20,000+
- •Trademark search and registration: $1,500-$3,000
- •Patent application: $8,000-$15,000+
- •Copyright registration: $500-$1,500
- •IP licensing: $2,000-$10,000
- •Infringement litigation: $50,000-$500,000+
- •Maintenance fees required for patents
Expected Timeline
Varies by type
- •Trademark: 8-14 months for registration
- •Patent: 2-4 years for approval
- •Copyright: 3-10 months for registration
- •Infringement litigation: 1-4 years
- •Licensing negotiations: weeks to months
Building an IP Portfolio
Successful businesses develop comprehensive IP strategies. This includes identifying protectable assets, choosing the right type of protection, and maintaining registrations. An IP attorney helps prioritize what to protect and when.
International IP Protection
IP rights are territorial – U.S. registrations only protect in the U.S. International protection requires filings in each country or through treaty systems like the PCT for patents or Madrid Protocol for trademarks.
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Frequently Asked Questions
What's the difference between patents, trademarks, and copyrights?
Patents protect inventions and new processes (20 years). Trademarks protect brand names, logos, and slogans (renewable indefinitely). Copyrights protect creative works like books, music, and software (life + 70 years). Trade secrets protect confidential business information.
How do I know if my invention can be patented?
Patentable inventions must be novel (new), non-obvious (not an obvious improvement), and useful. A patent search helps determine if similar inventions exist. Certain things can't be patented: laws of nature, abstract ideas, and natural phenomena.
Do I need to register my trademark?
Registration isn't required – you get some rights just from using a mark – but registration provides significant benefits: nationwide protection, legal presumption of ownership, ability to sue in federal court, and use of the ® symbol.
What happens if someone copies my work?
You may have an infringement claim. Document the infringement, then an attorney can send cease and desist letters or file suit. Copyright owners can recover statutory damages and attorney fees. Trademark owners can seek injunctions and damages.
How do I protect my business name?
Trademark registration protects business names, logos, and slogans. First, search to ensure no one else is using similar marks. Then file a federal trademark application with the USPTO. Registration takes 8-14 months but provides strong protection.
What are trade secrets?
Trade secrets are confidential business information that provides competitive advantage – formulas, processes, customer lists. Unlike patents, trade secrets last indefinitely but lose protection if disclosed. Protection requires reasonable secrecy measures.
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