How to Legally Protect Your Intellectual Property

Hello again friends!

I hope your summer has been awesome! Our next topic is how to legally protect your intellectual property (IP).  There are different steps to take to protect your IP rights which is based on the type of IP you own.  Check out the necessary actions needed to ensure your IP is adequately protected below.

1. Patents. First hire a patent attorney.  A patent attorney is an attorney who has a science or engineering background and is trained to effectively evaluate the patentability of inventions. A patent attorney can determine whether your invention is unique; assist you in developing a prototype (ensuring the prototype is legally sound) for submission to the United States Patent and Trademark Office (USPTO), and prepare your patent application to the USPTO.  A patent attoreny is also trained to evaluate your invention and application to determine if the invention infringes on any other government issued patent. 

2. Trademarks. First hire a trademark attorney.  A trademark attorney is trained to determine if your trademark (identifying marks, logos, names of your company) infringes on the priority trademark of another owner or if another trademark infringes on your priority right.  A trademark attorney accomplishes this by doing a comprehensive trademark search.  This search usually includes a search of the USPTO database, all state registered trademarks, DBAs (doing business as), business names, internet, domain names, and common law trademark rights.  The trademark attorney then evaluates the results of the search and uses common law and federal trademark law to determine competing rights and priority rights.  If the trademark attorney determines your mark is unique, he or she will recommend that you move forward with federal and state trademark registration.  If the trademark attorney determines that you have a priority or competing rights with another company, your trademark attorney may recommend moving forward with a trademark infringement action against the company or reorganizing your company or business and choosing a different mark. 

3. Copyrights. Hire a copyright attorney.  A copyright attorney will assist you in registering your copyright with the Library of Congress, Copyright Office. The Copyright office will review their database to determine if there are any competing rights.  If not, the copyright will be isssued.  A copyright attorney can also initiate a copyright infringement action against an infringer (someone who is using your original work of authorship as their own).

Remember to always hire an attorney when seeking protection for your IP rights.  An IP attorney can save you a lot of money and grief! I hope you found this article helpful.  Our next topic is "What every blogger should know about trademark law before and while blogging"