Intellectual property law (IP) is a branch of law that deals with the legal rights on inventions or creative works. IP law determines who uses the new products including artistic works and designs. IP law allows the inventor to be able to enjoy the fruits of his labor and work.

Types of Intellectual Property

Ideas people have as well as the things they create are within the bounds of IP law including scientific works and creative works. The laws differ depending on the type of creation, but the areas of intellectual property laws include copyrights, patents, trademarks, industrial design rights, plant variety rights, trade dress, and trade secrets.

Copyrights

they protect the owner’s rights to their work. Copyright protection cover:

  • Literary works such as books, poetry, manuals, brochures
  • Artistic works such as paintings, designs, sculptures, drawings, photographs, fixtures
  • Performance works such as movies, plays, musicals, poetry readings
  • Computer works such as websites, video games, computer programs, database, online education content
  • Choreographies such as dance, pantomimes, cheerleading cheers, parade marches, concerts, music videos
  • Scientific works such as journals, lectures, theories, methodologies
  • Music such as songs, lyrics, melodies

By having copyright, you are protected by the copyright law and other people are prohibited from reproducing your work for a profit. To receive copyright, the work or invention done must be unique and that most of the creative work goes to your production. Due to the agreement of the international copyright, you are not required to formally register copyright to have it. However, if you do, it will be strong evidence that the work belongs to you and it will allow you to collect damages and attorney’s fees upon infringement if proven, in a lawsuit.

Patents

intellectual property in DCpatent law is the legal right to the original invention. If a patent is in effect, nobody can produce, sell, or distribute the product without the consent of the owner. The term of a patented item in the United States is 20 years. The different kinds of patents that you may file for are:

  • Utility patent – covers machines, methods, processes, compositions, and others that are useful and used for specific functions
  • Design patent – protects the designs of your inventions including its ornamental designs, appearance, and shape. 
  • Provisional patent application – an application for a provisional patent is a 1-year placeholder for you to secure the date of filing a utility patent application. They are very useful when you are still in the testing phase of your inventions. The patent filing can be very simple by using an example of a provisional patent as a guide or by using one of several templates.
  • PCT patent application – is similar to provisional patents that allow the inventors a 2.5-year place holder extra time to file a patent application in multiple countries of their choosing.

To get patent protection, careful documentation of the process of the invention is necessary and it must show that the idea is new and unique. The public and the government officials must be convinced by your evidence that they can come up with the conclusion that you have the rights to the product.

Trademarks

are designs, words, lettering, or symbols that represent a company or product that distinguishes the company from others.
Similar to copyrights, a trademark is not required to be registered but registering one will be a claim of ownership. Unlike patents, trademarks can last indefinitely.

According to the trademark law, there are multiple steps to follow when acquiring a trademark in Washington:

  • Consult with a trademark attorney or trademark lawyers about your idea and your trademark related to it
  • Perform a trademark search
  • File a trademark application
  • Receive an Office Action from USPTO
  • Publish the mark, once allowed, in the Official Gazette at the USPTO before being registered

What can War IP Law provide?

With the evolution of our time, intellectual property laws also change periodically. Enforcing intellectual property law became more challenging in this digital age. IP law is also often enforced internationally, a treaty may be important because many countries do not have the same IP laws as in the US. A European patent may be different from a US-patent hence, looking for an IP lawyer to protect your rights will be highly beneficial. War IP Law is an intellectual property law firm with experienced IP lawyers are very knowledgeable when it comes to patent rights, copyright and trademark, and other intellectual property practice. We will help our clients harness the laws effectively to meet their needs and objectives, represent you in the court of law and other legal proceedings, assist your in procurement of property protection, negotiation, and other legal services. Call us now for a free legal consultation.