Plain-language answers to the questions we hear most — what IP is, how the four types of protection work, and the steps to protect, transfer and enforce your rights. Every matter is different, so these answers are a starting point, not legal advice for your situation.
Innovation is critical to economic success — and the ideas and inventions behind your business are assets. Protected properly, they carry rights you can enforce when someone infringes on them. The process, however, can be cumbersome and confusing. Below are the most common questions we receive, answered plainly.
Our intellectual property attorney serves clients in San Bernardino, Riverside and Los Angeles Counties — and trademark clients in all 50 states, plus the District of Columbia.
The United States Patent and Trademark Office defines intellectual property (IP) as the embodiment of "unique work reflecting someone's creativity and is all around us, manifested through miracle drugs, computer games, films, and cars."
When a person or entity creates something new, it is the product of their creativity, knowledge, and thought process. As such, it is their intellectual property. It can be a tangible product, a type of service, or even a new process. If it meets certain criteria, it is entitled to protection — protection that nurtures an environment of creativity and creates a system of rights and responsibilities.
Protecting your IP offers advantages whether you're an individual or a business entity. Common benefits include:
These benefits depend on the type of IP and the protection you secure for it. Some types of protection are automatic, while others require a process to qualify.
There are four main types of intellectual property: copyrights, trademarks, trade secrets, and patents. Each protects a different kind of creation, and each is secured differently.
The USPTO defines copyright as "a form of protection provided by U.S. law to the authors of 'original works of authorship' fixed in any tangible medium of expression."
This definition is broad and covers different types of materials, like:
Copyrights are not applicable to ideas alone.
The USPTO defines a trademark as a "word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."
Popular examples of trademarks include:
It is possible for a trademark to cover a group of products.
A trade secret is intellectual property that belongs to a particular entity and has value because it is not common knowledge. Something that is public knowledge cannot be considered a trade secret.
Ways in which trade secrets materialize include, but are not limited to:
Popular examples of trade secrets include Coca-Cola's recipe, the eleven herbs and spices in KFC's fried chicken, Google's algorithms, and the criteria behind the New York Times Best Seller List.
A person or entity should take steps to keep IP protected — protecting your own interests and keeping your IP safe from others. Some steps include:
These three steps sound easier than they are — but they help maintain your IP rights. One additional step to ensure you properly and timely protect your IP: speak to an IP lawyer in California. It will help you make sure all the necessary steps are taken to maximize IP protection and the benefits that flow from it.
Yes — IP can be transferred between parties. The proper way to complete the transfer depends on several factors, including the type of IP and the agreement between the parties. Sometimes IP is part of an estate plan and ownership passes through the estate.
Under certain circumstances, it may be possible to transfer IP through an assignment of IP rights. When considering a transfer, it is always a good idea to seek counsel from an experienced California IP attorney.
The most effective means to enforce IP is through registration. Sometimes, especially when IP rights have been violated, other means are necessary:
The best first step is to contact an intellectual property defense attorney. They will help you determine (1) whether you have actually violated an IP right, and if you have, (2) the best way to remedy the situation with the least disruption to you.
Gather any and all information you have regarding the allegation for your attorney to review.
IP lawyers wear several different hats. First, they help determine whether something is indeed IP and needs protection. If so, the attorney determines what type of protection is needed and files the appropriate paperwork to obtain the patent, trademark, or copyright. Once protection is obtained, an IP lawyer helps their client if any other party attempts to infringe on their rights.
IP lawyers are also integral to the development of IP strategies. Building a strong working relationship with an IP attorney can act as a competitive advantage in your industry and help you gain a larger share of the market.
Intellectual Property Is Critical to Growth
Our IP attorney in California is here to help you get the protection and strategies you need, from search and registration to enforcement.
(909) 222-66809431 Haven Avenue, Suite 207 · Rancho Cucamonga, CA 91730