Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property. Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets.

Patents

A patent is granted by the government allowing a (usually) 20 year monopoly on an invention previously “not generally known.” Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from “making, using, offering for sale, or selling…or importing” the invention in the U.S. Your right to patent your invention is a constitutional right.

Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client’s patent application, he or she must be registered with the U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients.

Trademarks

Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicated the business’ products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights.

Trademark lawyers can also be sought to make sure that your new business isn’t using a registered mark. The consequences for using a registered mark, even though you may have put money and advertising into promoting your business, include being sued for infringement.

Copyrights

Copyrights protect the individual’s expression of an idea, but do not protect the idea itself (see patent). Copyrights are intended to promote scientific progress. If you come up with an idea or invention while working for a company, it is able to be patented or trademarked by the company you work for, but copyrightable work belongs to you, the employee, not the company employing you. However, there are loopholes, and an intellectual property lawyer will help you both with the process of getting your expression copyrighted but will also save you trouble and time in getting over road blocks.

If you are a company, you need an intellectual property lawyer who specializes in copyrights because especially with internet businesses, you will need to make sure that contractually your web site design can be copyrighted to your company and will not belong to the employee or independent contractor who created it. This also applies to software.

Trade Secrets

It is important to protect your business’ trade secrets so they will not be misappropriated. Whereas patents have a limited time of coverage and after 20 years are released, trade secrets are always protected. To qualify as a trade secret, it must have independent economic value to the company.

Orange County intellectual property lawyers at Klein & Wilson are the top trial attorneys in Orange County, California, with extensive experience in representing plaintiffs and defendants in trademark infringement, trade secret, unfair competition claims, intellectual property and copyright infringement claims. They bring nearly a half century of trial experience to the courtroom. The firm routinely and successfully represents large and small clients against some of the largest and most prominent firms in the world. Klein & Wilson’s significant case results speak for themselves, and this is why Klein & Wilson has developed such a noteworthy client list. To speak with their experienced Orange County attorneys, e-mail Klein & Wilson today or call them toll free for a consultation regarding your rights.

Every one of us has had brilliant ideas or at least one brilliant idea at some point in time of our life. At times such novel ideas can have a potential and commercially viable business behind them. In case you are one among them who have got such an idea, then this article will provide you some of the most important tips to protect it from being misused by somebody else.

Before you decide on whether your idea actually requires protection or not, ask yourself questions that involve the cost to protect your idea, the practicality in doing so, whether your idea is actually unique or is it a different version of an existing idea, etc. In order to help a person decide whether the idea actually deserves the protection or not it will be worthwhile analyzing five of the most relevant areas in any business:

Copyright – Copyright is nothing but the protection of ideas, software, logos, punch lines, image, etc. Special attention needs to be given to website code and photography which are critical in establishing businesses today. While the creator would be the natural first owner, his or her rights can be transferred in case the first owner assigns a nominee wherein all the rights get transferred to the nominee. However, even in such cases the first owner retains the so-called “Moral Rights” of the business.

Trademarks – Trademarks can be divided into two major types – Registered Trademarks and Non-Registered Trademarks. In case your idea is a brand and you think that it needs to be protected, then the Trademark is meant for you.

Law of confidence – The law of confidence protects the confidential information of any individual, business or organization. The confidential information can be any and all ideas, training material, design, policies etc which need to be protected from misuse and use by unauthorized or external parties.

Domain Names – The domain names are trademarks of modern day businesses. Acquiring registered domains are more economical and simpler nowadays than obtaining trademarks.

Design Rights – Similar to trademarks, design rights can be both registered as well as unregistered. Design rights are usually used in order to prevent somebody else from copying or adapting the design conceptualized by your or by your organization. The registrations of designs are comparatively simpler and easier than that of patents.

Once you have acquired all the above or the most critical of the above, you can leverage your idea or business by licensing all or some of them to third parties that are interested in the same. Once you decide to go the licensing way, ensure that you get into a formal agreement by the way of a licensing agreement so that your ideas are protected adequately.