What Is Intellectual Property?
Every business looks for ways to maximize profits. This can range from creating new products, developing strong brand identity by coining a clever name, investing in packaging, advertising and promotion, or finding ways to create better products at lower cost. These are normal business activities which provide opportunities for creating "intellectual property" or "IP". Intellectual property, like other property, can be bought or sold, but unlike other "real" property, it is created entirely from ideas. An IP owner, like any property owner, has the right to prevent trespassers from using their Intellectual Property without permission.
Patents
Patents are one form of IP. For this you need an attorney specifically admitted to practice before the U.S Patent Office. A patent attorney is trained to recognize the legally protectable aspects of an invention, to draft a patent application with claims that identify and define these aspects, and then to pursue the grant of a Patent from the U.S. Patent and Trademark Office. As a U.S. Patent can only offer protection in the U.S, the patent attorney also directs filing the application in other countries where protection is desired. A patent attorney can also advise if a patent may be infringed, and also give an opinion on the strength, scope and validity of existing patents.
Copyrights
Copyrights protect expression embodied in a tangible medium. Musical compositions, sound recordings, novels, poetry, paintings, and sculpture are all traditionally copyrightable expression, but also encompasses written instructions, advertising designs, promotional copy, computer programs, game boards, dolls, graphical and sculptural forms such as lamps, shoes, and jewelry. Protection is automatic upon the creation of a copyrightable work, but to enforce a copyright against an infringer in the U.S., the copyright must be registered with the U.S. Copyright Office. Registration entails filing an application with copies of the copyrighted subject matter and paying a minimal fee.
Trademarks
Trademarks are used to build brand identity, so a consumer can readily identify a product or service with a source for the goods. To build identity, a trademark must be used with the goods or service. While not required, registering a trademark with the U.S. Trademark Office provides numerous advantages to a trademark owner. A trademark attorney can help with the registration process, and in selecting a mark, to avoid possible infringement issues.
Trade secrets
Trade secrets cover a broad spectrum of proprietary information, from customer lists to secret formulas, but the key is to have procedures' in place to protect the secret from discovery. There is no application process; trade secrets cannot be registered. Instead, an IP attorney can help erect legal barriers to guard against misappropriation by employees or competitors.
IP Contracts
At CoSud Intellectural Property Solutions, P.C., our attorneys' have experience in the above areas of IP law as well as with the related contract issues, such as Technology Transfer Agreements, Non-Disclosure Agreements, Employee Rights Agreements, Software License Agreements, Product Development Agreements, Joint Venture and Alliance Agreements, Supply Distribution Agreements and Consulting Agreements.