Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property. Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets.

Patents

A patent is granted by the government allowing a (usually) 20 year monopoly on an invention previously “not generally known.” Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from “making, using, offering for sale, or selling…or importing” the invention in the U.S. Your right to patent your invention is a constitutional right.

Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client’s patent application, he or she must be registered with the U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients.

Trademarks

Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicated the business’ products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights.

Trademark lawyers can also be sought to make sure that your new business isn’t using a registered mark. The consequences for using a registered mark, even though you may have put money and advertising into promoting your business, include being sued for infringement.

Copyrights

Copyrights protect the individual’s expression of an idea, but do not protect the idea itself (see patent). Copyrights are intended to promote scientific progress. If you come up with an idea or invention while working for a company, it is able to be patented or trademarked by the company you work for, but copyrightable work belongs to you, the employee, not the company employing you. However, there are loopholes, and an intellectual property lawyer will help you both with the process of getting your expression copyrighted but will also save you trouble and time in getting over road blocks.

If you are a company, you need an intellectual property lawyer who specializes in copyrights because especially with internet businesses, you will need to make sure that contractually your web site design can be copyrighted to your company and will not belong to the employee or independent contractor who created it. This also applies to software.

Trade Secrets

It is important to protect your business’ trade secrets so they will not be misappropriated. Whereas patents have a limited time of coverage and after 20 years are released, trade secrets are always protected. To qualify as a trade secret, it must have independent economic value to the company.

Orange County intellectual property lawyers at Klein & Wilson are the top trial attorneys in Orange County, California, with extensive experience in representing plaintiffs and defendants in trademark infringement, trade secret, unfair competition claims, intellectual property and copyright infringement claims. They bring nearly a half century of trial experience to the courtroom. The firm routinely and successfully represents large and small clients against some of the largest and most prominent firms in the world. Klein & Wilson’s significant case results speak for themselves, and this is why Klein & Wilson has developed such a noteworthy client list. To speak with their experienced Orange County attorneys, e-mail Klein & Wilson today or call them toll free for a consultation regarding your rights.

Intellectual property law is the law that governs rights in creative works and inventions. The most common such rights are patents, copyright and trademarks.

Intellectual property in itself refers to the creations of the mind, including such things as: artistic works, literary works, inventions, names, images, symbols, and designs used in commerce. In other words, the intellect that is the possession of an organization or an individual is considered intellectual property. Intellectual property is divided into two categories, copyrights and industrial property.

Copyrights give the authors of an exclusive work, exclusive rights to that work for a limited amount of time. Copyrights cover such literary and artistic works as novels, poems, plays, films, songs and other musical works, artistic works (drawings, paintings, sculptures and photographs) and architectural designs. Copyrights, which must be renewed periodically, allow the creators of a piece of work, the opportunity to benefit from that piece of work.

Industrial property includes patents, trademarks, industrial designs and geographic indications of source. Patents give the inventors of a new product, a certain (limited) amount of time in which he/she may prevent others from making, selling or using the invention without authorization. A trademark is an intellectual property protection which is used to protect the distinctive features that distinguish one product from another. Those features can include such things as: symbols, colors, brands, names, sounds, smells, shapes, and signs.

Fortunately, Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Also, society as a whole benefits from intellectual property laws, by the fact, that these laws encourage creativity, therefore allowing the rest of us to benefit from the wide range of products and services that are produced.

Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law. Know your rights and protect them accordingly.

Philadelphia has always been known for its excellent attorneys and Paul & Paul continues that tradition in the intellectual property field. For more than 170 years, the firm has practiced patent, trademark, copyright, trade secret, and unfair competition law. Recognized by its peers as a leading-edge team of intellectual property professionals, the law firm serves a diverse clientele of national and multinational corporations, smaller businesses, individuals, institutions, and other law firms needing their expertise. With a long history of accomplishments in intellectual property law, the firm is AV®-rated, the rare and highest peer rating an attorney and firm can achieve, and is listed in the Martindale-Hubbell® Bar Register of Preeminent Lawyers™, an honor bestowed on only five percent of law firms in the United States.

Break through the barriers to your intellectual property goals with the dedication, effort, and practicality offered by the distinguished team of litigators and prosecutors at Paul & Paul. For legal consultation contact the Philadelphia intellectual property and trade secret attorneys.