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Intellectual property (IP) law can seem complex and confusing to those without legal training. Trademarks, patents, copyrights – understanding the nuances between these can be challenging. That’s why having the right IP lawyer is so important. But how do you know if a lawyer has the specific expertise you need? This article breaks down the different types of IP and questions to ask potential attorneys to find the best fit.
The Major Types of Intellectual Property
Trademarks
A trademark protects words, phrases, symbols, designs or a combination that identifies the source of goods or services. Think of the Nike “swoosh” or the Starbucks mermaid logo. The purpose is to prevent confusion between brands and allow companies to build recognition. Trademark law revolves around the strength and enforceability of marks through registration and ongoing use in commerce. An experienced trademark attorney can help you:
- Conduct a clearance search to assess infringement risks
- File applications to register trademarks
- Craft licensing agreements allowing third party use
- Send cease and desist letters to infringing parties
- Litigate trademark disputes
Patents
A patent provides an inventor the exclusive right to make, use and sell an invention for a limited time. Patents cover products and processes that are useful, new and non-obvious. Key aspects of patent law include drafting claims that adequately establish scope, overcoming rejections during prosecution with the U.S. Patent and Trademark Office (USPTO), and enforcing rights against infringers. A good patent attorney has scientific or technical knowledge to:
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- Analyze inventions to identify patentable subject matter
- Draft and file strong patent applications
- Argue effectively in response to USPTO rejections
- Conduct infringement analyses
- Litigate patent disputes
Copyrights
A copyright protects original works of authorship like writings, artwork, photographs, songs and software. The owner has exclusive rights to reproduce, distribute, publicly perform and display their work. Copyright law focuses on issues like substantial similarity, fair use and remedies for unauthorized copying. A good copyright lawyer provides guidance on:
- Registering creative works with the U.S. Copyright Office
- Negotiating licenses for use of protected material
- Sending DMCA takedown requests to remove infringing content
- Pursuing litigation against copiers
Key Questions When Interviewing an IP Attorney
So those are the basics when it comes to the major intellectual property disciplines. Below are key questions to ask so you can find the right IP lawyer for your specific needs:
1. Do you specialize in trademarks, patents, copyrights or a combination?
Many attorneys focus their practice on one main area of IP. Some take a broader approach working across multiple disciplines. Think about the type of protection you need and find someone matching that focus. A trademark specialist can secure rights in a brand name, while a patent attorney can protect an invention.
2. How much experience do you have in my industry?
IP issues vary significantly across sectors. For example, the concerns facing a software developer differ starkly from those of a biotech firm. Find a lawyer with background in your specific field. They will understand the technology, competitive landscape and how to craft tailored applications and agreements.
3. What is your background in litigation?
Sometimes enforcing intellectual property requires going to court. Other times disputes can be resolved through settlements or alternative resolution methods. Know whether a lawyer mainly handles transactions or regularly litigates. This helps set expectations on their approach if conflicts arise.
4. What is your process for working with clients?
There are many styles when it comes to attorney-client interactions. Some lawyers adopt a more collaborative approach with lots of back-and-forth. Others prefer to work independently and provide defined deliverables. Make sure you feel comfortable with the process.
5. Who handles the day-to-day work?
Understand the staffing model and who you will interact with regularly. Some lawyers utilize assistants and junior attorneys to offload administrative tasks. Get a sense for who does what in case you need to follow up on pending items.
Finding the Right Fit
Choosing an IP lawyer shares commonalities with picking any professional service provider. Define your needs, ask lots of questions, understand pricing models and make sure you establish a solid rapport. Doing the legwork upfront ensures you find someone equipped to secure protections for your innovations and creative works. With the right attorney partner, you can rest easy knowing your intellectual property receives the customized attention it deserves.