California Intellectual Property Attorney

Intellectual Property

Safeguarding your intellectual property involves informed research, timely filing, and consistent enforcement. Research may involve identifying various aspects of an invention in order to determine what can be included in the patent application. Researching product name and domain name possibilities prior to registering trademarks can prevent legal challenges in the future. Filing may involve submitting patents that cover how a product functions as well as its aesthetic appearance. Copyright application filings can be for simple works of art or deal with more complex issues, including compilations. Enforcement mechanisms can take the form of a patent infringement suit to stop the infringing conduct. A useful approach in trademark enforcement is the use of monitoring services, combined with the filing of infringement lawsuits to better protect the owner’s rights and lessen the market impact of knockoff goods.

Patents

Research is required to determine the patentability of the invention. A patent attorney goes over the details of the invention with the inventor to better reveal the scope of protection possible. A comprehensive approach to patent protection includes analyzing different aspects of the invention to further strengthen the patent portfolio. A carefully crafted patent portfolio can restrict what competitors can do, further strengthening the business. Patent professionals seek to protect various facets of an invention and may file both design patents and utility patents. Once the patent application is reviewed by the U.S. Patent and Trademark Office, a seasoned patent attorney addresses any concerns raised by patent agency examiners. In this increasingly global business environment, filing patent applications through the PCT (Patent Cooperation Treaty) and with individual countries as needed is vital to protecting one’s interests in the international marketplace.

Trademarks

Business assets include more than simply a product or service. A company’s identity, goodwill, and the name assigned to a product must be protected. The viability of a trademark is related to its appeal and availability. Thought must go into the selection of a trademark name, as well as logo, design, or color. Trademark registration is done via the U.S. Patent and Trademark Office (USPTO). A Los Angeles trademark attorney may recommend that a trademark be registered with foreign entities to take advantage of international laws. Ongoing monitoring is an important part of ensuring that trademarks are protected from use by unauthorized parties. In the event a party tries to register a trademark that infringes on the rights of the owner, a trademark attorney can file proceedings with the USPTO and possibly prevent brand confusion.

Copyrights

Copyright protection can cover any original form of expression, including but not limited to software, website content, marketing brochures, books, and multimedia. Investing resources in copyright registration on the front end can lead to peace of mind in the years to come. Copyright registration in a timely manner allows the holder of the copyright the ability to recover legal fees and court costs as needed. One does not have to prove actual damages in order to receive compensation in the event of an infringement. Applications can be submitted by the copyright holder. Copyright issues related to derivative works, compilations, and other complex matters may best be handled by an experienced copyright lawyer. In the event a third party is responsible for creating the work, it is important to ensure copyright protection is transferred to the rightful owner. Our Los Angeles copyright attorneys protect your works.

Trade Secrets

If not protected in a proper manner, information vital to the continued success of a business, including business plans, customer lists, and other trade secrets, may be vulnerable. A thorough inventory of an organization’s trade secrets is essential to determine the most appropriate forms of legal agreements. Entering into various types of agreements with individuals and entities is a part of doing business. Careful drafting of agreements for use with employees, contractors, consultants, and other individuals and entities ensures that trade secrets remain closely guarded. Software developers may fear disclosing trade secret source code in copyright applications. It is important to safeguard source code and maximize protection when submitting copyright applications for software. If someone with knowledge of trade secrets uses this knowledge in an unauthorized manner, an intellectual property attorney can seek a preliminary injunction via a lawsuit.

Licensing

There could be a sound business case for licensing the use of a product’s patent to another entity rather than attempting to go through the steps necessary to manufacture the product oneself. A patent license agreement addresses in detail up-front payments, royalties, infringement issues, and other matters. Meanwhile, a trademark lawyer in the Los Angeles area drafting a trademark licensing agreement can formalize royalty payment terms and spell out terms in the event the licensee falls short of meeting agreed-upon quality standards. It is essential that the licensor monitor the licensee’s actions. A copyright licensing agreement will detail the rights being transferred as part of the license. The license may dictate the number of times the work can be used, the length of time the agreement is in effect, and other obligations and requirements on the part of the licensee.

Litigation

Whether actors are attempting to prevent someone from lawfully conducting business or if an individual or entity suspects their intellectual property is being infringed, the legal system may be utilized to further a party’s interests. A patent infringement lawsuit can stop an infringer from illegally copying an invention, thus preventing a lower quality product from obtaining market share. A business owner involved in a trademark infringement suit may find success having their attorney invalidate the other party’s trademark registration or help negotiate a favorable settlement that will resolve matters and allow the business to continue operating. If a creator suspects copyright violation and cease and desist letters doe not stop another party from infringing the copyrighted work, federal court litigation is an available legal avenue to pursue.

Contact an Intellectual Property Lawyer Today

Whether you need a Los Angeles trademark attorney, a seasoned patent attorney, a knowledgeable copyright lawyer, or assistance with other intellectual property concerns, contact Milord & Associates today at (310) 226-7878 or through our website.