FAQs For A Business Litigation Attorney
You have likely worked hard and long to create an invention like no other, or develop a trademark or industrial design only to have someone take that very thing and use it for their own purposes without your permission. If that describes your situation, what are your rights?
What is intellectual property?
There are two types of intellectual property. Understanding the laws concerning your creation is crucial in order to protect your rights and ownership of your property.
It is important to protect your intellectual property in order to preserve your income from it as well as your legacy. You want to know that the time and resources you spent on creating something unique is legally protected from copycats wanting to make money at your expense.
Intellectual property is divided into two categories:
Copyright
This includes the following property types:
- Literary works such as plays, poems, and novels
- Films
- Music
- Art, including paintings, sculptures, drawings, photographs
- Architectural designs
- Rights of broadcasters for their online, radio, and television programs
- Performers in their recordings and performances
Industrial Property
This includes the following property types:
- Trademarks. If your company has a trademark it needs to protect, that trademark must be registered with the US Patent and Trademark Office. The trademark is good for 10 years and will need to be renewed after that time. Between the fifth and sixth year the US Patent Office requires that the registrant file an affidavit stating that the mark is still being used. If this is not filed, the registration is canceled.
- Patents. A patent provides protection for the inventors and is usually granted for a period of 20 years. It is an incentive for individuals or companies by recognizing their creativity and possibly offering material compensation for their inventions. Patent protection means that an invention cannot be used, manufactured or sold without the consent of the patent owner. If you feel your patent rights have been infringed upon, it is imperative that you contact a business litigation attorney from our firm to assist you in enforcing these rights. You have options as a patent holder:
- Grant permission or license others to use your invention.
- Sell your invention rights to someone else who then becomes the owner of the patent.
- Once a patent expires, the invention enters the public domain and the protection ends. Your invention becomes available for anyone to use.
Contact a Business Litigation Attorney
A business litigation attorney will have extensive experience litigating patent infringement. Do not hesitate to contact us if you feel your patent-protected product or service is being used without your implicit permission. Our lawyers work to protect, enforce and obtain your intellectual property. We can assist you in negotiating a license agreement or favorable distribution. If it is necessary to litigate, our patent lawyers provide excellent representation.