What IP Attorneys Do

A lot of you may be wondering what intellectual property attorneys do in their everyday work lives. Simply put, we protect new ideas.

There are four major categories of intellectual property: copyrights, trademarks, patents, and trade secrets. Copyrights protect works of authorship such as motion pictures, architectural works, and sound recordings. Trademarks protect brand names and logos used within the stream of commerce on goods and services. Patents protect inventions and exclude others form making, using, selling, and importing inventions for a limited period of time. Trade secrets protect secret information such as devices, techniques, or recipes used by companies in manufacturing their products.

So, what exactly does an intellectual property attorney do? Well, for starters, an intellectual property attorney is knowledgeable about the different laws and regulations concerning intellectual property and how to legally defend against those who infringe. Attorneys in this field assist in drafting and filing copyright, trademark, and patent applications. We assist in drafting and negotiating licensing agreements. Intellectual property attorneys also defend patents and trademarks and represent the cases before patent and trademark examiners and boards.

You have an invention and you've considered filing a patent application. You look up examples of patents, but the process looks so overwhelming and exhausting! Despite your concerns, you draft the application, pay the fee, and click submit. You finally hear back from the United States Patent and Trademark Office (USPTO) and you find out your application has been denied because your invention already exists! You skipped the most important step when it comes to patents. You forgot to conduct a thorough patent search of preexisting patents to see if your idea already exists. Now the money you've spent on the application fee, drawings, and prototype designs is gone down the drain. Can you save your application and make an improvement on an existing patent? This, however, may cost you even more money! More designs, more drawings, and more prototypes!

Although an intellectual property attorney is not necessary to file copyright, trademark, or patent applications, filing a trademark or patent application with the USPTO starts a legal proceeding that can be very complex. This process requires you to comply with all statutes, regulations, and rules that most applicants are unfamiliar with. Attorneys are here to assist you before, during, and after the application process and provide you with the best advice on enforcing your rights. As intellectual property attorneys, it is our job to ensure your success! Let us work for and with you!

Continue to do your research and share this information with a business owner, colleague, family member, or friend! Stay connected and look out for the next blog for more information on intellectual property!

Enisha S. Smith

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