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Intellectual property lawyers and their law firms serve a variety of important roles in protecting intellectual property. They may act as advocates on behalf of clients in court and/or they may also be counselors, providing advice on intellectual property issues.
What Is an Intellectual Property Lawyer?
The role of an IP attorney is to ensure that individuals and companies have ownership rights over their inventions and materials. There are six main areas of IP law:
- Patent law: A patent may protect an invention, a technology, a computer program, or certain industrial processes.
- Licensing: It is possible to license a created good so someone other than the owner can use it for a set fee. Movie producers need a license to use a musician’s song in their soundtrack, for example.
- Trademark law: Trademark law protects business names, logos, and slogans.
- Copyright law: A copyright protects creative authors’ rights and determines who can control and use a property. Artists, photographers, musicians, and writers use a copyright lawyer near them to protect their creative work.
- Trade secret law: Trade secret laws protect certain formulas or methods of production.
- Unfair competition: Laws governing competition ensure that manufacturers and creatives produce and trade items, tangible and intangible, fairly.
What Does an Intellectual Property Attorney Do?
Protecting intellectual property is the IP attorney’s role. They may be responsible for:
- Providing legal advice to clients regarding intellectual property rights and actions;
- Defending clients in court;
- Providing legal advice to clients regarding certain IP documents, such as patents or licenses;
- Creating and reviewing important legal documents, such as patents and trademarks;
- Drafting new contracts and licensing agreements;
- Conducting interviews and research for court cases or legal proceedings;
- Working with trademark and patent offices;
- Dealing with legal settlements and filing lawsuits; and
- Transferring intellectual property rights.
When to Hire an Intellectual Property Lawyer?
Protecting your intellectual property is crucial. The protection of your intellectual property asset requires the assistance of an intellectual property attorney.
- Details: In a highly competitive market, protecting the intellectual property of high value is a challenging task for businesses. Having the best intellectual property lawyer near you who specializes in intellectual property law will help you navigate the different laws that might apply to your particular type of intellectual property. There are various types of intellectual property.
- Knowledge of different aspects of IP law: IP lawyers understand the wide range of topics associated with intellectual property law, such as patents, trademarks, copyright, and industrial designs. A copyright attorney near you protects your rights.
Many IP attorneys also hold advanced science and engineering degrees and have work experience, which gives them insight into the system design you might be filing a patent for, further enhancing their ability to protect your intellectual property rights. - Different industries: Intellectual property lawyers understand the global market across many industries. You will face different challenges and opportunities in different markets. A lawyer for your intellectual property will help you understand the opportunities that your intellectual property presents to you in your field and protect your intangible assets.
- Improved document drafting and advice: Lawyers who specialize in intellectual property law can
- prepare and prosecute applications for a variety of IP rights (patents, trademarks, industrial designs, etc.)
- advise you on IP portfolio management, license arrangements, regulatory compliance
- draft appropriate license agreements, and many other documents related to intellectual property
Business owners should consider an IP lawyer as a strategic move. Working with your lawyer will ensure your IP has protection and proper use.
How Do I Choose an Intellectual Property Attorney?
You need to keep these five considerations in mind when choosing an IP lawyer to ensure the best possible protection for your intellectual property:
Who writes the patents?
Attorneys who are subject matter experts in one field may not be qualified to write patents in another.
Does the attorney know how to find the unique patentable element within a complex invention?
Patentable components are often found in intellectual property assets as are elements that clearly cannot be patented. An attorney must know the difference.
What kind of IP protection strategy can the attorney offer?
A patent is not automatically protected merely by filing the paperwork. To develop and maintain an effective defense, intellectual property must take a number of steps.
Can IP lawyers provide examples of their IP expertise?
Attorneys who have successfully litigated and settled IP infringement cases are best suited for the job.
Does the IP attorney have a reputation among legal circles?
Intellectual property lawyers don’t have to win a popularity contest. But, attorneys who are skilled in their field will, however, be known to others in that field. A lawyer needs to start somewhere, but you don’t want to entrust your valuable IP assets to someone who is still learning IP law.
What Is the Average Cost of the Intellectual Property Lawyer?
You can expect hourly fees to range between $275 and $400 per hour in areas outside major metropolitan areas and $400 to $800 per hour in major metropolitan areas if you are looking for experienced patent attorneys.
Do Intellectual Property Attorneys Near You Usually Charge for Consultations?
Consultations may be free or charged at an hourly rate. It is best to ask when you make the initial call. A lawyer for intellectual property near you will answer all your questions, separate legal myths from legal facts, discuss any concerns you have, and suggest the best course of action.
Frequently Asked Questions
What is intellectual property?
An intangible asset is any and all rights that belong to a company or individual and have protection from unauthorized use. Intangible assets are nonphysical assets. Examples:
- Patents;
- Trade secrets;
- Inventions;
- Confidential information;
- Service marks;
- Moral rights;
- Trademarks;
- Works of authorship;
- Industrial design;
- Logos;
- Database rights;
- Domain names;
- Business or trade names;
- Design rights; and
- Computer software.
Can intellectual property be assigned?
Basically, yes. Intellectual property is created when an employee or consultant creates work for an organization and transfers ownership of that work to that organization. An employee or consultant usually signs a contract that explicitly assigns the IP they created while working for the company.
What is an assignment agreement?
The creator transfers the intellectual property rights to an acquiring company in this contract.
Employees must (and should) sign IP agreements. In addition, it assigns all ideas, products, and inventions to the business.