Intellectual property lawyers can assist you in the areas described
below. The value of using intellectual property attorneys far outweighs
the cost if you were to loose valuable assets, trademarks and patents.
When should you contact an attorney? Intellectual property begins the
moment you start your company with the creation of names, logos and
products. How should I choose a lawyer, intellectual property is confusing
to me? This website has been created to help you do just that along
with a little information on what intellectual property is.
What is Intellectual Property?
Generally, intellectual property is broadly defined as any invention, creation, innovation, discovery or improvement. Intellectual property embraces such items as trademarks, copyrights, trade secrets, and any creation that would be eligible for a patent. Generally, the intellectual property must be relatively unique in order for it to be protected.
Who is the Owner of Intellectual Property?
Generally, whoever does the inventing, creating, innovating or improving is the owner of the intellectual property. There are some exceptions:
Employees - If an employee creates intellectual property within the scope of their employment, generally, the employer owns the intellectual property.
Independent Contractors - The intellectual property created by an independent contractor, within the scope of the independent contractor's assignment or contract, is generally owned by the independent contractor. This can change if the independent contractor and the company for which she is employed have a contract stating otherwise.
What is Intellectual Property Infringement?
Intellectual property infringement occurs when another person, or organization, uses the intellectual property of another without permission.
Confusingly Similar - Infringement also may occur when another person or organization uses intellectual property that is sufficiently similar to something already in existence. This other person or group must be using it for a relatively similar good or service to the good or service for which the original was created.
What Can I Do To Protect My Intellectual Property?
There are varying ways to protect your intellectual property, depending
on what type of intellectual property you own.
· Trademarks-
A trademark is a word, phrase, logo or other symbol, used to identify
a product, the source of a product and the manufacturer or merchant.
You can register a trademark with the U.S. Patent and Trademark Office.
· Copyrights-
A trademark is a word, phrase, logo or other symbol, used to identify
a product, the source of a product and the manufacturer or merchant.
You can register a trademark with the U.S. Patent and Trademark Office.
· Patent
Protection- Inventions that are new and non-obvious can be protected
through a patent. You can apply for a patent at the U.S. Patent and
Trademark Office.
Should I Consult a Lawyer for my Intellectual Property Issue?
The deadlines and regulations for intellectual property registration are detailed and strict. An attorney can help you meet all the deadlines and fulfill all the requirements. A lawyer can also participate in on-going research to make certain no one else is using your intellectual property without your permission. Additionally, if you have an issue of intellectual property infringement, an attorney can guide you through the difficult and strict procedural requirements for litigation and bring out the core of your case.
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