A patent is a mechanism to protect an idea, invention, method, or design. Patents are either novel creations or modifications to existing ideas. Prior to filing a patent application with the United States Patent and Trademark Office, it is recommended that a patentability search be conducted.
Patents are in place because ideas are valuable. Successful companies spring from ideas, but, must like any other asset, they are vulnerable to being stolen. Some of these thefts are perpetrated by other companies, but others are carried out by a business's employees.
A trademark is used to designate a source of goods or services. Typically, a trademark is a logo, graphic, or short phrase used to identify a product or company. Trademarks may be obtained at common law, and they may be registered with the United States Patent and Trademark Office. If a trademark is being used without permission, then a trademark infringement or dilution suit may be necessary in order to protect the mark.
A copyright is a legal protection afforded to an author of a creative work. Although copyright protection is automatically afforded to author upon completion of the work, many additional rights are available if the work is registered shortly after creation. Additionally, registration is a requirement before filing a suit for infringement in federal court.
A trade secret is a type of intellectual property which gives a competitive advantage to the knowledge holder, and in which the knowledge holder takes steps to keep secret. Our firm can assist with trade secret litigation, trade secret contracts, and the like.
In order to legally use the intellectual property of another, the owner of the intellectual property needs to give permission. Such permission is called a license. The payment for the license is typically the royalty.
If a person or entity uses intellectual property without permission or license, then it may be infringing on a right. This could lead to losses for your company if not properly secured and action is not taken.
Protect your assets with an experienced attorney. The Law Offices of David L. Leon, PC receives a number of inquiries regarding intellectual property matters. It’s important to understand your business’ ideas are just as valuable as what’s in your ledger.
You must enforce your intellectual property rights, or else you may lose them. Set up a consultation with David Leon to learn ways to exercise and protect your right to intellectual property.