What is IP Law?
Intellectual property law is a crucial part of business and the entrepreneur’s environment. This type of law covers inventions, trademarks, copyrights, and trade secrets. It grants the creator legal rights to control the reproduction of their work. For businesses, it helps protect market share and rewards innovation, according to IP Watchdog. Intellectual property is divided into four broad categories – patents, trademarks, copyrights, and trade secrets. Patents protect inventions for a limited amount of time in exchange for disclosing the details of the product. Trademarks guard a company’s identity. A trademark can be any kind of representation that helps buyers recognize a brand name. This includes logos, colors, a phrase, or even a smell. A service mark is an extension of a trademark that applies to services instead of products. Copyrights protect the owner’s original works including songs, written material, choreography, art, computer software, and even website design elements . Trade secrets apply to a company’s confidential information, which is central to its business success and reputation. Traditionally, these include customer lists, recipes, and other proprietary information. Beyond protecting the owner’s rights, intellectual property laws serve to advance innovation. These laws also help consumers by rewarding pioneers in a new technology with exclusive control of their product. The laws have their limitations. Enforcement is often more difficult than in other areas of the law. Many companies stumble in this environment because their protections are lacking or not well thought out. Even large corporations have failed to protect their intellectual property, according to Entrepreneur. Intellectual property laws are sometimes confused for monopoly rights. In fact, their purpose is contrary to the goal of monopolizing. Without these laws, free markets could not thrive. People and businesses would not have any incentive to invest in innovation.
Services Provided by an Intellectual Property Law Firm
Intellectual property law firms offer a range of typical services that are essential for any business that creates intellectual property in any form. These include the following:
Patents
If you are producing or making available a useful process, machine, or material of any kind, you may have a patent on your hands. An IP firm can help you to obtain and enforce both utility and design patents. While utility patents protect the actual function and usefulness of an invention, design patents protect visual aspects like shape or surface decoration. The list of elements a patent can cover is extensive.
Patents last for a limited term that fluctuates with ongoing changes in patent law, but in general, after the time the U.S. patent office has given you a patent term, you have a right to exclusivity and reasonable control over production, distribution, pricing, etc. You have protections against patent infringement by any competing product or service.
Trademarks
Brand marks can be of great importance in the marketplace, and it’s likely that any business will benefit from a trademark at some point. Trademarks cover any marks, slogans, or logos that appear on products sold to the public, as well as the brands that represent those products. A trademark application covers the entire line of products that carry a certain brand or licensed mark of any kind. Trademarks last for as long as the mark is created for future use.
Copyrights
Copyrights apply to creative works of every kind, such as books, paintings, music, audio recordings, video recordings, choreography, composition, and photography. Copyright protection is subject to certain limitations like the fair use doctrine, and copyright enforcement is sometimes challenging. In cases where a client’s copyrights have been infringed, IP law firms can enforce rights though litigation and other actions.
Trade Secrets
A trade secret is any information that meets certain legal criteria such as secrecy, economic value, developed processes, and the like. This can cover everything from chemical dyes, ingredients, and formulas to plans, blueprints, and other types of confidential business information. IP law firms can advise owners on best practices for the protection of trade secrets.
Advantages of Local IP Law Firms
The benefits of using a local intellectual property law firm are many. For one thing, they are often very convenient to get to. Not only can you save money on travel costs, but nothing is more devastating than having an attorney from another part of the country handle your intellectual property needs. Think about how chaotic it would be to have to travel across the country when you need court appearances, document signings or any other important legal functions. To get the very best IP law firm near you, it pays off to seek a local IP law firm that will give you a level of personalized service that you won’t get at larger firms.
How to Assess an IP Firm
When looking for an intellectual property law firm, there are various criteria a potential client can use to assess whether it is the right firm for their needs. First and foremost, it is important to identify the firm’s area of expertise. Does the firm have experience with the specific type of intellectual property they need assistance with? For instance, if the individual needs help with a patent, is the firm’s expertise in that area or do they specialize in trademarks instead?
The individual should also consider how much experience the firm has in their field. There is undoubtedly a value to experience, and while new firms can certainly provide valuable services, it is always beneficial to go with an established firm with a long history of experience in the applicable field .
It is also crucial to consider the reputation of the particular firm. Speak to individuals who are familiar with the firm or who have previously worked with them to get a feel for the level of service they provide. Look for client testimonials and reviews online. By asking around and doing some research it is possible to get a better understanding about whether they are a firm worth working with or not.
Once you have a list of potential firms, know that you can set up an initial consultation with each one to try to decide which is best suited for your needs. In many cases, this is free, and provides you with the chance to ask more questions about the firm, such as specific details about how they bill or what additional services they provide. Take advantage of this opportunity to get to know the firm before you agree to work with them.
Answers to Common Questions about IP Firms
How much will a qualified IP law firm cost me?
IP law firms typically charge by the hour to draft a patent application, and they charge a flat fee to file your IP application with the appropriate government agencies. The cost depends on many factors, but generally speaking, expect to pay at least $300 an hour for a small-sized firm. When you search for "Best IP law firm near me," you’ll quickly see what most IP law firms recommend – that you save and create a budget. Make sure you consider additional costs surrounding your patent application, like filing fees that range into the thousands of dollars, and a budget for the additional costs that will arise during the process, such as attorney’s fees, communication fees, and any need to hire additional people such as draftsmen, engineers, or trademark search companies.
What can I expect during the IP process?
Say you already decided to file for a patent, and you’ve chosen an IP firm that works for you. Your attorney will send you a list of questions to answer. Answer them as fully and accurately as possible, and provide any additional documentation you think would help your attorney. Remember, the more work you do now, the less work your attorney has to do later. Your attorney will also run patent searches, review your documentation, and talk to you about the results before moving forward. At this time, you’ll also discuss your desired budget, what services your attorney will provide, and any other expectations. It’s important to get everything in writing so you can hold your attorney to it. Getting prepared now means the notice patentee will receive later will be under your name – and not someone else’s.
I want a best IP law firm near me, but I’m not sure if I’ll qualify. Do I need to have a trademark, patent, or other intellectual property already for an attorney to help me?
It’s true that most IP law firms won’t take you on as a client if you don’t have an idea already. This is partly because you typically don’t need a lawyer to tell you if your design or intellectual property is protected or not. There are existing websites that already tell you if your invention can be legally protected as a public trademark, patent, or copyright, and this is typically (but not always) enough to know if you’re on the right path. If you look up your invention on a website like ipCheckups.com and it’s not protected or someone else owns the IP, these IP law firms will still talk to you to give you advice or direction on how to proceed so you can clarify whether or not you can pursue a patent. If, after this conversation, you decide you would like to hire an attorney to file the application, you will need to provide all of the paperwork necessary, including anything that proves you own that IP. The other option is to just go ahead and apply for the IP on your own. If no one else owns the patent, you should be fine.
Conclusion
In conclusion, it is critical to recognize that selecting an intellectual property law firm, like all other things in life, comes down to personal preference. You need to find a firm you like and trust, and that can best serve your needs and your specific type of invention or innovation. Consider the personal attributes of the law firm as well as their expertise and experience. Personality and trust are critically important and local advantage should not be undervalued so that you have the option of meeting both online and in person with the same team of experts who are directly involved in your case. You should also consider cost of services and your budget. These considerations can also be discussed in person , by phone, or through email. Firm size may also play a role in selection. Some prefer the individual touch of a smaller firm while other inventors are comfortable working with a large firm where multiple inventors may be sharing a similar team. Any combination of these is valid and up to you.