Intellectual Property Law

If you have a great idea, logo, business name, or invention, you need to protect it. Intellectual property law encompasses the rules for securing and enforcing legal rights to property that results from original creative thought, such as inventions, designs, and artistic works. These laws are in place to ensure creative individuals can profit from their creations without fear of misappropriation by others.

In the United States, Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and inventors exclusive rights to their creations. Section 8 also gives Congress the commerce power to regulate interstate and foreign commerce, providing further support. Two government agencies, the U.S. Patent and Trademark Office (USPTO), and the U.S. Copyright Office, administer the intellectual property laws passed by Congress.

Internationally, the World Intellectual Property Organization (WIPO) provides international protection for patent applicants under the Patent Cooperation Treaty (PCT) and for trademark applicants under the Madrid System.

Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else and, depending on the type of invention, are valid for up to 20 years. Provisional patents 1) provide simplified filing with a lower initial investment with 12 months to assess the invention’s commercial potential before committing to the higher cost of filing and prosecuting a nonprovisional application; 2) establish an official United States patent application filing date for the invention 3) permit the authorized use of “Patent Pending” notice for 12 months; 4) begin the Paris Convention priority year for international priority; and 5) enable immediate commercial promotion of invention with greater security against having the invention stolen.

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Trademark rights can potentially last forever and registering your trademark (®) can greatly strengthen your protection.

Copyright is a form of intellectual property law that protects original works of authorship including literary, dramatic, musical, and artistic works. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Most copyrights are valid for the creator’s lifetime, plus 70 years.

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Included in our provisional patent service:

  • Consultation regarding patentability of idea/invention
  • Completion of a patent search to determine the novelty of idea/invention
  • Preparation of custom non-disclosure agreement
  • Drafting custom provisional patent
  • Filing of your provisional utility, design, and/or plant patent with the United States Patent and Trademark Office (USPTO)
  • Assuring all fees are paid for the rapid processing of your provisional patent application

Other intellectual property services we provide:

  • International patent registration and consulting with the World Intellectual Property Organization (WIPO)
  • State, federal, and international trademark registration and consulting
  • State, federal, and international trademark infringement dispute negotiation, litigation, and resolution
  • Federal and international copyright registration and consulting
  • Federal and international copyright infringement dispute negotiation, litigation, and resolution