Intellectual Property Law Explained
Intellectual property law is a domain of law that deals with the protection of the rights of people for their creative ideas, and business for their tangible products and their unique brands. When we think about intellectual property law, we usually think about it in connection with the protection of our work/inventions, and most of its applications relate to protecting a specific invention, even though it can also be applied in certain aspects of the business or company. For example, owning the patent for a specific process, procedure, or substance could be extremely useful for a manufacturing company that is producing something similar as it could be considered in violation of the patent for which you own the rights to. As such, intellectual property law covers a lot of things, from photographs to inventions to music to computer programs, it’s really a broad umbrella that covers all kinds of things that are created from the imagination that has commercial value and is possible to register and patent.
As already mentioned, intellectual property is intended to be protected and its rights safeguarded in order to have them recognized , and because these protectable rights are valuable, intellectual property law is one of the most important types of law that exists today. Imagine a world where companies, brands, and people could simply take each other’s intellectual property and use their work without permission. For one, the future of creative ideas would look quite different, and the number of artists, writers, musicians, and inventors would be very small. That’s why the laws of intellectual property are needed, and some of the things that fall under the category of intellectual property are as follows: Although the above list is not an exhaustive enumeration of all the things that might be at risk when it comes to intellectual property, it’s enough to scratch the surface of the value that intellectual property can have, and how protection from unauthorized use might benefit one’s work. By law, intellectual property entails a certain scope of protection that could be enforced against third parties, but for such protection to exist you must first register your work as intellectual property, or else you might not have enough grounds to assert your rights upon any possible infringement.
Selecting the Best IP Law Firm
When you have made it this far in your search for top intellectual property law firms near you, there are a number of criteria to consider when making the final decision. Experience in the field of intellectual property is imperative, as it will give you the peace of mind that your matter will probably be resolved in the most professional and beneficial way possible for you. This is also true of an intellectual property law firm with several specialties under one roof, as they will be able to put together a team of specialists for you who are best suited to your situation. While reading reviews of potential candidates, look for those that demonstrate their ability to work under pressure, solve an issue for a client, or their responsiveness to communication from a client.
Other things to consider are how long the firm has been in business and if they have all of the current licenses required by the state they conduct most of their business from. If you find that your needs are not fully met, the potential for a partnership with an intellectual property law firm will exist as long as you need their help. You will get what you put in with your intellectual property law firm, and if you need a refresher course on exactly how to explain this to the potential firm, feel free to read our post on the subject.
IP Law Firm Services
Intellectual property law firms offer specialized guidance that extends far beyond simple trademark registration or patent filing. Among the services these firms often provide to clients include:
Patent Services
Organizations and individuals with intellectual property on a national and global scale must aggressively seek protection for their patented processes, products and designs. Patent law firms familiarize themselves with the intricate nuances of the United States Patent Office (USPTO) and Worldwide Intellectual Property Organization (WIPO). With this knowledge, our lawyers are able to help our clients navigate the complexities of intellectual property portfolios.
To ensure adequate protection, our firm is able to file international patent applications and design applications to protect its client’s property from unauthorized use. Our teams routinely perform patent searches, provisional patent filings, patent searches, as well as the entire patent application process.
Trademark Registration
Trademark registration is the intellectual property filing service that clients most often seek. The asset, whether a word mark, design mark or composite mark, can be an essential element to an organization’s marketing strategy. Whether a symbol, color, sound, logo or design, trademarks serve as identifiers of origin.
We routinely counsel our clients on all aspects of both domestic and international trademark law. From preliminary trademark searches to trademark filings with the United States Patent and Trademark Office (USPTO), to oppositions and cancellations of conflicting pending marks, our firm has the experience and resources to successfully guide clients through the entire trademark registration process.
Copyright Services
Copyright infringement litigation has increased dramatically in recent years. Several factors have led to the steady rise in copyright litigation including access to the mass-market distribution channels the internet provides. As a result, more and more entrepreneurs, authors, songwriters, photographers, visual artists and other creators are put at serious risk of copyright infringement.
Our copyright lawyers are skilled at preventing and stopping copyright infringement before it is too late. Attorneys at our Firm work with organizations and individuals of all sizes to make certain that copyrights are properly registered with the U.S. Copyright office and warned against unauthorized usage.
Intellectual Property Litigation
The last thing corporations and businesses want to deal with is a lawsuit. Unfortunately, sometimes suing or being sued is the only way to avoid or stop infringement. IP law firms are more than capable of litigating and resolving these types of lawsuits.
When settlement is not a possibility, intellectual property attorneys are well versed in guiding clients through the litigation process. IP litigation can be very time-consuming and expensive if proper procedures aren’t followed. Hiring an experienced lawyer familiar with intellectual property litigation can often be the difference between winning and losing.
Advantages of a Nearby IP Law Firm
Working with a local patent attorney can be beneficial in a number of ways. However, not all intellectual property attorneys operate out of a location close to their clients. Here are some advantages of hiring a local patent attorney, which most patent law firms should provide:
Convenience
A local intellectual property law firm can provide you with a sense of convenience that can be hard to find with other firms. When and if the firm is located in your area, it’s easy to go to the office for a meeting to discuss any issues you may have. If you ever need a hard copy of any of your patents, designs, or trademarks, it’s easy to drop by and pick them up, without having to pay for shipping, or wait for them to come in the mail.
Accessibility
While an affordable local patent attorney can use email and phone calls to communicate , sometimes it’s best to be able to meet clients in their own offices to assess the situation. If there is any confusion over any issues, meeting in person usually clears it up. Finding a common meeting time can also be difficult to set up, depending on the schedules of both parties, so a local firm may be able to better accommodate you.
Local Laws and Regulations
There are currently a number of different patent laws out there, as well as state and local regulations. If a firm is based in the area the client is located in, it will help with providing country-specific advice, as well as local advice on issues that may arise. For example, if you’re in Philadelphia, then it’s best to work with local patent attorneys who are familiar with patent laws specific to Pennsylvania.
Key IP Law Firm Questions
To ensure that you’re making the right choice in hiring an intellectual property law firm for your needs, it helps to have a series of questions prepared that will allow you to get the information you need about the firms in question.
Here are eight questions to bear in mind as you compare firms:
- How much experience do you have working with business similar to mine?
- Have you worked with clients whom you later represented in lawsuits?
- What are your overall success rates in dealings that match my needs?
- Which geographical areas do you specialize in operating within?
- What is your fee structure and standard cost of representing a client?
- How often will I be kept in the loop about the status of proceedings?
- How closely will I be required to work with you?
- How accessible will you be to me in the case of an urgent matter arising?
These questions can help you ensure you are teaming up with the most reputable intellectual property law firms in your area.
Sample Cases: Local Successes
When selecting from the top intellectual property law firms near you, look for success stories. Case studies of previous clients show how the law firm helped them achieve their business goals. You will also find out how to connect with the local business community and discover networking opportunities to promote your business. Local success stories and case studies are often published on top intellectual property law firm websites and on forums such as Yelp and Avvo. To illustrate how local businesses and individuals protected their intellectual property, we found some examples of how nearby law firms were able to help protect their clients’ valuable assets.
Example 1: Protecting Intellectual Property for a Bakery
A new owner bought a bakery in the local neighborhood and needed legal help registering a trademark on a new brand and logo. The former owner was still selling products under the same name but had not registered the trademark. Local attorneys registered the logo and brand and advised on licensing the trademarks to several franchisees throughout the state. Attorneys also drafted non-compete agreements to prevent former employees from opening competing businesses. By working with local lawyers, the entrepreneur saved a lot of time , money and stress while securing his intellectual property rights.
Example 2: Securing an Invention for an Individual
An inventor had an idea for an innovative social media app that was going to be revolutionary. But there were many other apps that were already out on the market that were similar. The app creator knew he needed legal protection quickly before someone else beat him to the race. Lawyers assisted him with registering his social media app for a patent. The lawyers explained that potential investors were more likely to fund his smash hit with a patent in hand. Plus, a patent would protect his intellectual property against other apps that were going to be released with similar features. Once the patent registered, lawyers helped him get a deal with three venture capitalists. Without the patent, he could have lost his investor incentive or been forced to give it up for a much larger price at a later date.
Example 3: Assisting a Local Company with IP Needs
A local telecommunications company sought immediate advice about copyright violations. The company’s creative content services department was sending personal, unencrypted communications through the Internet. An executive casually mentioned that the company’s privacy policy said the confidential information it passed through the Internet was protected by copyright. The local attorneys informed the executive that copyright has been ignored for years on the Internet and unless the company had specific systems in place, it could be liable for exposing sensitive consumer information. Without proper steps, the company’s customers could sue it claiming their intellectual property rights were violated. Local lawyers educated the local company on the value of IP protection. Today, the telecommunications companies have better systems in place.