Intellectual Property Law
American intellectual property law protects original creations and ensures the rights of inventors, artists, and designers. Intellectual property rights give owners control over their own creations. If anyone uses these intellectual creations without permission, they can be liable for violating intellectual property rights.
Intellectual property protections can depend on state, federal, and international law. If you have questions about copyright, patent, and trademark protections for your intellectual property, talk to an experienced intellectual property lawyer.
What Is Intellectual Property Law?
Intellectual property (IP) law involves legal protections for creative inventions, designs, artwork, and other unique conceptions. When people develop new creations of the mind, they have the right to protect their original works. This includes limiting who has access to use and copy their works and under what restrictions.
For example, if you are a musician and write a new song, you have exclusive rights to the song as the inventor. If someone else wants to use the song in a commercial, they have to get your permission to use the song. If they use the song without permission, they may have violated your IP rights.
Types of intellectual property include:
- Copyright law
- Patent law
- Trademark law
- Trade secrets
Copyright Law
Copyright law refers to legal rights involving literary and artistic creations. The U.S. Copyright Office is the federal agency that registers and maintains a record of copywritten works. Copyright protection applies to original works of authorship fixed in a “tangible medium of expression.” A tangible medium could include music, books, or dramatic performance. Copyrighted works can include novels, movies, songs, computer software, architecture, dance, and more.
Under U.S. law, a copyright extends for the creator’s life and 70 years after death. After copyrights expire, they enter the public domain, where they are free for others to use and duplicate.
You do not have to register your work for copyright protection. However, registering with the U.S. Copyright Office creates a public record of your ownership rights. It also provides for better legal protections and attorney’s fees if someone commits copyright infringement with your work.
Patent Law
A patent gives the creator of an invention legal permission to prevent other parties from making, using, or selling the invention. Inventors have to register their inventions with the United States Patent and Trademark Office (USPTO). Types of patents include utility patents, design patents, and plant patents.
Utility and plant patents are good for 20 years from the date of filing. Design patents give patent owners exclusive rights for 15 years from the date of approval.
It can be a complicated process to register a new patent. There are millions of patented ideas and products in existence. A patent attorney can review your invention, do a patent search, and file your patent application with the USPTO.
Trademark Law
A trademark is a symbol, phrase, or design that clearly identifies a company’s brand. Think of the logos of prominent companies like Coca-Cola. Trademarks can be an essential component for many companies.
The U.S. Patent and Trademark Office handles trademark registration. If approved, the registration will remain in effect as long as the owner files specific declaration documents. Generally, trademarks remain in force for a rolling 10-year period of time.
Trade Secret Law Protections
Trade secrets involve information that has economic value. This includes specific technical knowledge that gives businesses a significant market advantage.
In contrast to patents, trade secret protection does not expire after a specific duration. However, it only protects against unauthorized usage and disclosure. Patents also protect against use by third parties who independently discover the same item or process. If someone misappropriates trade secrets, courts can award damages, royalty fees, court costs, and reasonable attorneys’ fees.
International IP Law
In addition to federal laws protecting intellectual property, you may need international trademark, copyright, and patent infringement protections. The World Intellectual Property Organization (WIPO) is an agency of the United Nations. The WIPO promotes and protects IP across multiple countries. The WIPO also establishes systems for arbitration, mediation, and resolving IP disputes.
How an IP Lawyer Can Help
You may be able to handle some IP law issues on your own. However, strong IP protections and IP litigation benefit from experienced legal representation. An attorney with experience in IP law can explain your legal options and make IP registration simpler. An experienced intellectual property lawyer can help you enforce your intellectual property rights.
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