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 increasingly being recognised within organisations of all shapes and sizes as a highly valuable and also unique asset. As the UK moves more and more towards a service based economy and away from its traditional heavy industry and manufacturing base the need to manage your intellectual property is paramount as this may become your organisation’s primary asset in the future.

One of the biggest challenges facing many organisations is a lack of awareness and understanding about what their IP actually is. This is the base level skill in the management of IP and until everyone throughout the organisation is aware of what constitutes their unique intellectual property then it is impossible to move onto stage 2 – protection. It is this lack of awareness of what constitutes an organisation’s IP that leads to vital information being casually given away with no thought as to its value. This is admittedly more common at the junior level within organisations but can happen at the most senior levels too. It is vitally important for all organisations to analyse what makes up their IP and then not to stop there but to take it to the next level which is ensuring that all staff are aware of this. Once this is achieved the management of IP within the organisation can move onto stage 2.

Having ensured all staff are aware of what the organisation’s intellectual property is it is then possible to concentrate on protecting this valuable asset at all costs. The law relating to IP is in parts complex but overall is there to protect the owners of the IP. A simple training programme may be all it takes to get everyone thinking about how they can protect the intellectual property of the organisation. Alternatively the creation of a simple checklist to use upon receipt of any request for information can go a long way towards the protection of IP.

Once everyone is aware of what constitutes their IP and what can be done internally and / or legally to protect this you can then move onto stage 3 of the management of intellectual property. This is the stage where opportunities can be sought out to maximize the value and return on IP rights. Take the example of a university that has done a great deal of research into a particular area that has commercial application. Should this simply be given away for free? Of course not, everything has a market value and intellectual property is no different. Simply by brainstorming potential opportunities many organisations have come up with incredibly innovative ways to enhance the perceived value of their IP rights and ensure their own continued success.