Intellectual Property Law Firm
Innovation, change, and inventions are the driving force in the evolution of any industry.
The right idea can influence how processes are done, how products are manufactured, and how companies can grow their business.
In this article, we discuss:
- What is Intellectual Property (IP)?
- Intellectual Property Law
- Types of Intellectual Property
- Why Hire an Intellectual Property Law Firm?
- Patent Application Process
- Trademark Registration and Protection
- Intellectual Property Litigation
- Common IP Law Myths and Misconceptions
- Work With Cook Alex!
What is Intellectual Property (IP)?
Intellectual property comprises intangible creations of human intellect. It reflects unique work deriving from someone’s creativity. Products of intellectual property are all around us. From specialized medicine, video games, cars, to movies, and more.
In simple terms, IP refers to creations of the mind. Like concepts, designs, ideas, and inventions used in commerce.
Some examples of intellectual property include:
- Patents: iPhone, Quadcopter Drone, and 3D Printers
- Trademarks: Coca-Cola, Nike, McDonald’s
- Copyrights: Books, photographs, movies, song lyrics
- Trade Secrets: Google Search Algorithm, Kentucky Fried Chicken’s Original Recipe, Krispy Kreme Doughnuts
Intellectual Property Law
With a base understanding of intellectual property, what is intellectual property law?
IP laws protect and enforce the rights of creators and owners of inventions. Intellectual property owners benefit from these laws to keep their creations like writings, designs, inventions, music, and other works safe.
In a world where technology facilitates immediate communication, exposure, and extends reach farther than ever before, intellectual property law provides a safeguard for companies and individuals.
Trademarks establish brands and sets their products apart from competitors. Helping grow a trusting customer base and brand loyalty.
Patents protect critical designs, and when used strategically, they can improve the bottom line. This protects the IP’s owner rights and provides a competitive advantage.
Copyrights protect the expression of ideas in a variety of ways. Which is essential for photographers, writers, artists, sculptors, and other creators.
Following trade secret guidelines provide businesses with a major competitive edge. Helping them protect vital processes for their goods and services.
Overall, intellectual property law gives businesses, inventors, or individuals the tools to keep their IP safeguarded.
Types of Intellectual Property
Each idea, innovation, or other type of IP have specific purposes. Since there is variance in the application and uses of intellectual property, they are organized by type. Each type of intellectual property has its own governing law and requirements.
Patents
A patent in the U.S. gives the inventor the right to exclude other parties from making, using, selling, importing, or offering an invention for sale in the U.S. Plant patents provide additional rights to the ‘parts’ of a plant. For example, a patent for an apple variety would include rights on the apples from the plant variety.
- Utility Patents: For inventing a new or improved and useful process, machine or article of manufacture
- Design Patents: For inventing new, original, and ornamental design for an article of manufacture
- Plant Patents: For inventing or discovering and asexually reproducing any distinct and new variety of plant
What patents grant is not the right to make, use, offer for sale, sell, or import the invention. But rather the right to stop others from doing so. If there is an infringement on a patent, the patent owner may initiate legal action.
U.S. patents are only effective within the U.S. and its territories and possessions.
Copyrights
As soon as the work is fixed in a tangible form of expression, copyright protects original works of authorship.
An original work is created independently by a human author, and it has minimal creativity. Independent creation refers to the creation by an individual without copying.
A fixed work refers to capturing the work in a sufficiently permanent medium so that it can be perceived, communicated, or reproduced. For example, when something is written down or recorded.
For clarity, copyrights protect expression, not ideas, procedures, methods, processes, concepts, systems, principles, or discoveries.
Trademarks
A trademark can be any phrase, word, symbol, design, or a combination of these things to identify goods or services. It is how consumers can identify a brand within the marketplace and distinguish it from competitors.
There is a distinction between owning a trademark and having a registered trademark.
Using the trademark establishes rights, although these rights are limited and only apply to the geographic area where the goods and services are available. For stronger rights, owners need to apply to register the trademark with the USPTO.
Trademark registration is not required. But a registered trademark provides a wider range of protections compared to an unregistered one.
What a trademark does:
- Identifies the source of goods and services
- Provides legal protection for the brand
- Helps guard against fraud and counterfeiting
Trade Secrets
Trade secrets may comprise many types of information, like formulas, patterns, compilations, devices, techniques, programs, processes, and methods, as provided by state and federal law.
To constitute a trade secret, the information must meet two criteria:
- The information must not be easily discoverable, giving its owner a competitive advantage because it is not readily ascertainable
- The owner must make a reasonable effort to keep the information secret under the circumstances
There is a difference between trade secrets and patents. A patent requires an application and public disclosure. While this provides the owner with legal protection for a period of time, patents typically expire after 20 years. A trade secret does not require disclosure of any information and can be maintained indefinitely.
Why Hire an Intellectual Property Law Firm
Intellectual property may be some of the most valuable assets a company possesses. From branding, to procedures, to formulas, IP is the key for success and growth.
While there is no legal requirement to hire an intellectual property law firm, there are several benefits.
We make it simple to navigate the complexities of IP law and help protect all your intellectual property. Our team helps clients bolster their intellectual property portfolio to create industry advantages. Benefit from our:
Legal Knowledge
Our intellectual property lawyers provide a thorough knowledge of intellectual property law. Which is an invaluable resource for registration, maintenance, defense, council, and more. We provide assurance in any registration process to avoid delays or extra costs for common mistakes.
It also provides you with a wealth of resources for your intellectual property protection.
Experience & Expertise
We offer hundreds of years of patent and trademark experience. Some industries and technologies we have served include:
- Medical Devices & Life Sciences
- Industrial & Mechanical
- Chemical & Pharmaceutical
- Computers, Electronics, & Software
Our experience is invaluable in protecting your intellectual property. And we leverage this knowledge to maximize your intellectual property portfolio.
Counsel
Cook Alex helps you assess and determine the best approach to protecting all your IP. We ensure proper application and registration of intellectual property.
We also stand ready to provide advice and insight into your intellectual property.
Protection, Enforcement & Litigation
Our team works with clients to provide complete litigation strategies to serve the enforcement and defense of our clients’ intellectual property.
We offer extensive experience successfully enforcing and defending intellectual property and technology disputes, including:
- Patents
- Trademarks
- Copyright infringement
- Unfair competition
- Trade dress
- Misappropriation of trade secrets
Cook Alex has experience in litigating intellectual matters in civil courts, administrative agencies, and dispute resolutions in the United States and abroad.
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Patent Application Process
To successfully apply for a patent, an applicant must:
1. Prepare for application
- Ensure that the protection you need is for a patent
- Determine if the invention is patentable
- Make sure that your invention has not already been publicly disclosed
- What kind of patent you need
- Utility
- Design
- Plant
- Determine costs. There are filing, search, and examination fees due at the time of application
- Do you need international protection?
- Determine if you need a patent attorney or agent
2. File your application
- Register a USPTO.gov account
- Prepare your application
- Submit your application
- Pre-prosecution. Your application is reviewed for formalities and completeness
- Processing. The patent application is submitted for registration
3. Application prosecution
- Your application is assigned to a specialized examination unit based on your invention
4. Receive your patent
- If your application meets patent requirements, you are entitled to a patent
5. Maintain your patent
- Ensure you are aware of maintenance fees and timetables to maintain your specific patent type
It is important to note that if you choose to work with an intellectual property attorney, they will receive any information and updates. The USPTO does not simultaneously correspond with you and the legal representative.
Working with Cook Alex ensures the best approach to patent registration. We help you gather all the information and documents required for a successful patent registration.
Trademark Registration and Protection
You are not required to register a trademark, and its protection is up to you. But registration increases your rights.
Protecting a Trademark from Infringement
Completing the registration process gives you legal protection and exclusive rights to use your trademark. If the case arises, a legal team like Cook Alex helps you with ways to prevent unauthorized usage and can pursue legal action.
How Our IP Lawyer Team Can Help
We can provide comprehensive help throughout the entire trademark registration process, which ensures your legal rights over critical branding items and ensures complete protection.
Our team also stands ready to provide litigation and prosecution services if needed.
Why Register Your Trademark?
A registered trademark provides several benefits:
- It is listed in the USPTO database and provides a notice to anyone searching for similar trademarks
- A legal presumption that you own the trademark and may use it
- You can use the registration as the basis for filing for trademark protection in other countries
- It gives you the right to bring a lawsuit concerning the trademark to the federal court
- You may use the ‘®’ with your trademark to show it is registered
- Record your registration with U.S. Customs and Border Protection (CBP), which can stop the importation of goods with an infringing trademark
What Happens to Unprotected Trademarks?
There are a couple of reasons to research and register your trademark:
- You may infringe on another registered trademark, which can lead to legal action against you.
- You cannot protect your own trademark from infringement from other parties.
Conducting proper research and registration is the best route to ensure the protection of your trademark and to avoid infringing upon other registered trademarks.
Steps to Registering a Trademark
The process of trademark registration:
1. Application
- Gather all information and documents for submission with your application. Applicable fees are due with the application
2. Examination
- Your application is assigned a serial number and a trademark examining attorney
- If an application deadline is missed, you may be able to revive your application if you unintentionally missed your filing deadline
3. Publication
- If approved for publication, your trademark is published in the USPTO’s Trademark Official Gazette
- This does not mean the trademark is registered yet. Publication begins a 30-day period where any member of the public can oppose your trademark if they think they will be harmed by its registration
- If no opposition arises, your trademark is not registered; it proceeds to the next stage
- Registration can take three to four months from publication to notification of registration or if it moves to the next stage
- If your application is based on commerce, your trademark will register
- If your application is based on the intention to use the trademark in commerce, it is not registered yet
- Instead, you will receive a Notice of Allowance that requires you to submit a Statement of Use
4. Registration
- If your trademark registers, the USPTO uploads your electronic certificate of registration to the Trade Status and Document Retrieval (TSDR) system
- Trademark owners receive an access link to the certificate
A foreign-domiciled trademark applicant or registrant must have a U.S.-licensed attorney represent them. Those with a United States domicile do not require an attorney.
Intellectual Property Litigation
Cook Alex works closely with clients to provide litigation strategies and services based on their intellectual property. We leverage our experience and expertise while actively working with our clients to provide efficient and effective enforcement and defense strategies.
Our litigation highlights include:
A registered trademark provides several benefits:
- Success in representing a variety of clients, including inventors, start-ups, established businesses, and Fortune-500 Companies
- Years of experience in successful cases
- Experience litigating intellectual property matters in the United States and abroad
Common IP Law Myths and Misconceptions
Intellectual property law is complex. There are many stipulations and requirements around each type of IP. Here are some common misconceptions around some IPs.
Patents
The USPTO Monitors Against Infringement of My Patent
Once a patent is issued, it is the responsibility of the patent holder to monitor any infringement and enforce their rights.
A U.S. Patent Protects My Rights Worldwide
Patents are only enforceable in the country where they are granted. If you seek to protect your rights in another market, you must apply for a patent in each country where you seek patent protection.
My Invention is Unique; I Do Not Need a Patent
While it may be true that an innovative product may be one of a kind for a while, competitors will waste no time in creating duplicates or similar products. Patents provide protection against this type of competition.
I Did Not Copy My Invention, So I Cannot Infringe on Another Patent
Just because you developed the idea does not mean that there is not already a patent in place. Patent research is key in this aspect and should be thorough enough to avoid situations where you could infringe on someone else’s patents.
Trademarks
My Trademark Provides me with Ownership of a Word or Phrase
A trademark gives you rights when used within your specific goods or services. It does not prevent others from using them outside of this context. Only if they are explicitly using it as a competitor or trying to trick consumers into thinking it is your product.
Trademarks Should be Specifically Associated with their Use
While the need for clarity is a good idea, a trademark that only highlights a set, or single, product or service is less effective. Creating something unique and creative makes the trademark more effective and easier to protect.
Trademark Registrations Last Forever
This misconception stems from the idea that a trademark does not expire. While true, the registration of a trademark requires renewal/maintenance through the USPTO.
My Business is Small, I can wait to Register my Trademark
Running a business has costs, adding extra fees for a trademark registration is not always a priority. But waiting risks the trademark being registered by someone else. Add the fact that processing times for trademarks take a long time.
It is safer to register a trademark as soon as possible, to avoid losing it to someone else.
Copyrights
Content on the Internet is Public Domain
Just because it is on the internet, does not mean that it is not a copyrighted work. While some works are under public domain, there are specifics that outline these cases, like the death of the author many years before.
To ensure safety, it is advisable to assume that content is copyrighted, conduct thorough research, and ask for permission before using it for your own purposes.
Anything not Displayed as Copyright is not Protected
Displaying copyright notation is not a requirement, it is a way for authors to show that copyright protects the content. But you cannot assume that because it does not have a copyright symbol, it is automatically available for use.
Copyright Protects Ideas
It is a requirement for a copyright to be fixed in a medium. If it has not been recorded, it is not copyrighted. Meaning, just because you have an idea for a photograph, story, poem, or painting, your idea is not protected until the work is produced.
I am Crediting the Author; I do not Need Permission
While using someone’s work on your own work may be a necessity, simply crediting them is not enough. Copyright infringement is the act of using someone’s copyrighted material without permission. You need to get the owner’s express permission to avoid infringement.
Work With Cook Alex for all your IP Needs
The protection of your intellectual property is key to maximizing the potential of your services, products, and ideas.
And navigating the IP landscape, registration, maintenance, and protection is an arduous task. You want to work with an intellectual property law firm that can provide the support and protection you need.
That is where Cook Alex is ready to serve.
To learn more about how our IP lawyers can help keep your intellectual property safe, call (312) 236-8500. There, one of our team members can discuss your needs in more detail and can answer your questions. If you would prefer to send us a message, please fill out the form found on this page, and we will contact you as soon as possible.
CONTACT US
CONTACT US
Chicago Patent Attorney
200 West Adams Street, Suite 2004
Chicago, Illinois 60606
Naperville Patent Attorney
2020 Calamos Court, Suite 200
Naperville, IL 60563
Fax: (312) 236-8176