Trademarks & Copyrights
Can I Hire Any IP Lawyer In The United States?
The field of intellectual property law is continuously evolving and changing. Many businesses want to protect their intellectual property rights and not infringe on others. For that reason, companies want to invest in the services of an intellectual property lawyer. Because IP law works with the national United States Patent and Trademark Office, many business wonders, “Can I hire any IP lawyer in the United States?” The short answer is yes! Choosing an IP lawyer can be challenging, and it is important to protect your legal rights.
The Duties of an Intellectual Property Lawyer
According to the United States Department of Commerce, intellectual property has been the driving force of progression in art, technology, and culture. Like other types of professionals, there are many areas of law where an attorney can practice. One of those areas is known as intellectual property. These individuals often protect a business’s or individual’s rights concerning materials, products, and ideas. There are six different areas of intellectual law. They include:
- Patent law
- Copyright law
- Trademark law
- Trade secrets
- Unfair competition
Reasons To Choose an Intellectual Property Lawyer
Can I hire any IP lawyer in the United States? Yes! However, an individual or business should consider choosing an intellectual property attorney with experience in the field. Intellectual property laws can be challenging to interpret, especially if an attorney is unfamiliar with them. For that reason, a prospective client will want to choose a law firm or lawyer who works exclusively with these matters. There are many reasons to hire an intellectual property lawyer, including:
Protects Intellectual Property
Protecting intellectual property rights can be a complex issue in the modern world. Unfortunately, many businesses must safeguard their intellectual property from trademark violations and infringement. Whether an individual or company has a design, idea, or product, they may want to protect it with a trademark, copyright, or patent. An experienced attorney can help with these registration processes, including ensuring proper paperwork is filed and assisting with all legal protections of intellectual property.
If an intellectual property theft or infringement occurs, the IP attorney will take those steps to enforce the trademark or patent. These actions can include suing the third party or making them pay compensation.
Helps with IP Registration and Protection
Filing for intellectual property protection can be a rigorous process. While the application does not necessarily need the assistance of an IP lawyer, working with an attorney can help ensure all the necessary information is attached to the file. An experienced intellectual property lawyer can handle the application for registration with the United States Patent and Trademark Office (USPTO).
Additionally, an IP lawyer may be able to help conduct comprehensive research for the application. When registering the mark, the applicant must ensure that the design, product, idea, or artwork is not already registered with the USPTO. In certain situations, the inability to conduct research can cause a delay in the registration process for a patent, copyright, or trademark. As a result, that could even leave the applicant open to litigation regarding intellectual property infringement from other companies. With help from an intellectual property lawyer, they may be able to assist throughout the complex processing of registration with the USPTO.
Performs Due Diligence
Anyone wanting to purchase a business must perform several aspects of due diligence during the purchase process. A company, corporation, or business entity may hold many intangible assets, such as patents and trademarks. Before finalizing a sale, an IP attorney can assist in evaluating all the intellectual property, placing a specific value on them. Due diligence is essential to determine the actual value of intangible assets, which are vital to purchasing or selling.
Provides Intellectual Property Protection
Generally, an IP protection lawyer will assist in all stages of intellectual property procurement, including patents, copyrights, and trademarks. An intellectual property lawyer also has the experience and knowledge to handle any matters in a wide range of IP issues. In some cases, that could mean the enforcement of non-compete and non-solicitation agreements. With assistance from an IP attorney, the patent holders may be able to resolve disputes before they lose assets for the business.
Understands the Law
From performing due diligence to protecting intellectual property rights, an intellectual property lawyer may play a significant role in all aspects of the industry. While many attorneys practice in this field, most clients prefer to work with an attorney or law firm that fully understands the intricacies of intellectual property law. Professional consultation may even save businesses and individuals from the frustration of handling these matters on their own.