Intellectual Property Rights Protection

Protecting Your Intellectual Property Rights

A patent, trademark, or copyright will not prevent another person from practicing your idea. It will, however, entitle you to ask a court to order others to stop practicing your idea. In addition, if you can prove to the court that the other person had knowledge (in a manner that the court will recognize) of your intellectual property rights, you may be entitled to money damages. The possibility of damages acts as a deterrent against those who would seek to benefit wrongfully from your ideas.

Both establishing intellectual property rights and defending them against misuse or misappropriation are complex areas of the law. A few of the potential pitfalls that can befall the unwary creator are described below.

While a patent will protect your invention, it is critical to have the strongest patent possible.  According to the U.S. Patent and Trademark Office, “a complete description of the actual machine or other subject matter for which a patent is sought is required.” These requirements are best understood by patent attorneys or patent agents, who can help prepare the strongest patent possible.  Speed and cost are important factors, but thoroughness must be the paramount consideration. A poorly drafted patent exposes the holder to the infringement defenses of invalidity and unenforceability.

Registering a copyright is considerably more straightforward and inexpensive than filing a patent. There can be some confusion, as when an employee attempts to copyright a work they have created under a work-for-hire agreement, where the employer may be the true owner of the copyright.  Another potential issue arises from the fact that a copyright need not be registered to be valid. Once you have expressed your idea, it is protected by copyright law.
For this reason, many people do not register their copyright. Yet in most jurisdictions, you will be unable to bring a lawsuit for infringement of the copyright until it is registered. Moreover, you will find it more difficult to establish your copyright and prove damages if you have not registered the copyright prior to the infringement. For these reasons, registering your copyright is strongly recommended.

There are other hazards as well, particularly in the largely uncharted waters of software and website intellectual property litigation. These novel forms of expression implicate copyright, patent, and other rights. Regardless of the medium you have used to express your ideas, experienced intellectual property counsel can help you protect your rights.