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” is a term with which many people are familiar, but are often unaware of the full meaning. In short, an intellectual property is a “creation of the mind” over which an individual or corporation holds a legal monopoly. “Intellectual property” is also used to refer to the field of law that handles the legal implications and protections of these monopolies. The main goal of these laws is to uphold the exclusive rights the creator of an intellectual property holds over their works, which are much more far reaching than many people realize.

Copyrights, trademarks, patents, trade secrets, music, art, and literature are all examples of types of intellectual properties. In order to avoid violating applicable laws, it’s important to understand what the more obscure of some of these terms mean. Copyright is a group of rights reserved for the creator of an original work. It includes the ability to legally copy, change, and distribute the work. After a set amount of time, a work protected by copyright enters the “public domain,” freeing it from the restrictions of its former legal status.

A trademark is an image, symbol, phrase, or other distinctive mark used to represent a person, group, or brand. Trademarks exist as both registered and unregistered legal entities, though enforcement of infringement laws differ depending on the status of the mark in question. “Service mark” is a term used to distinguish a trademark that relates to services instead of products. Infringement cases are subject to limit by the “fair use” defense, which allow the use of others’ trademarks if they are being used to accurately describe a product or to identify the mark’s owner.

Patents are designed to protect an inventor’s rights to their work for a certain amount of time in exchange for their disclosure of that invention to the public. The terms of the patent give the inventor the right to keep other people or individuals from profiting off of their work for the length of the patent. Trade secrets are formulas, processes, instruments, or other information that give one business an advantage over their competition. These secrets can be protected through non-compete and non-disclosure contracts with employees, but once they are discovered, other parties are not prevented from using the information. If you are facing charges for violating intellectual property laws, you may want to seek the advice of an experienced legal counselor. The details of such cases can be very complicated, and you deserve to have your rights fully protected.