Tom Jurgensen is a business leader, lawyer and entrepreneur who is also the managing shareholder of Catalyst Law Group, APC, a technology-focused law firm headquartered in San Diego. With all these qualifications, he is in the perfect position to guide people in all aspects of intellectual property from getting a trademark to protecting a patent.
What is Intellectual Property?
There are four types of intellectual property: patents, copyrights, trademarks and trade secrets. Having them is crucial to protecting what is rightfully yours. They are vital to a business, and getting a lawyer to help you take the right steps should be vital to you as well.
What to Look For in an Intellectual Property Lawyer
This type of lawyer should have experience across a range of subjects, including the area you are most interested in. They need to understand copyrights, patents, trade secrets and more, and know the strategies involved in best protecting your interests.
How to Protect Your Intellectual Property
If you have intellectual property that needs protecting, seeing a lawyer who specializes in this field is the way to go. You may want to register a trademark, patent or copyright, or you may be interested in protecting a trade secret. Whatever the question, your intellectual property lawyer can help.
Licensing Intellectual Property
When you own intellectual property, you no doubt want to make money out of it. Licensing people to use it for money or other compensation is one way to do this. A good lawyer will help you get the right agreements in place.
Intellectual Property and Businesses
If you want to borrow money or have someone invest in your business, having some sort of intellectual property can make or break the deal. Businesses need different types of intellectual property to grow and to protect themselves, and you can build a good portfolio over time with the right professional advice.
What is a Patent?
Patents are expensive and it takes a long time before everything finally falls into place. But having a patent is the primary way to protect an invention or a new product. You can patent products all over the world. The cost may be high, but in the long run, the gains will be worth the effort.
What Protection Does a Patent Offer?
If you have a unique invention you want to protect, having a patent is the way to go. A patent will protect your intellectual property for a period of 20 years, and is the only way to stop others from infringing on what is rightfully yours.
How Patents Are Granted
Getting a patent is not always that straightforward. The U.S. Patent Office will ask you a number of questions, and you will need to prove that your invention is brand new, useful and unique. The process can take years, but it is all well worth it in the end.
How Long Does It Take to Get a Patent?
Getting a patent is a lengthy process that can take anywhere from two to five years. It will also cost at least several thousand dollars to file for one. And as about 96% of all patents are rejected the first time, it’s even more important to get an intellectual property attorney to help you in this tricky process.
What Are the Rights of Patent Owners?
If you have an invention, you may want to market it, sell it, license it or lease it. As a patent owner, you have those rights. But in order to enforce them, you need the right agreements, which is why getting a good patent lawyer can be vital to the success of your invention.
Resolving Patent Disputes
If someone infringes on your patent, there are a variety of avenues you can take. The first is what is called a “cease and desist” letter. If that fails, you can use private parties to settle the dispute for you, or you may have to go to trial.
What is a Design Patent?
Design patents, in a nutshell, protect the ornamental nature of something, not its function. A good example is the hourglass-shaped Coca-Cola bottle. The iMac computer from Apple is another.
What is a Trademark?
Protection for your brand name is what a trademark is all about, and as the years go, by a trademark can become more and more valuable. Think of Coca-Cola, for example, which is now known around the world.
Applying For a Trademark
Using your trademark in your own business will give you some basic rights, but in order to stop someone from infringing on your trademark you will need to register it with the federal government. This process is easier than getting a patent, but it can still take time and effort.
How Much Does It Cost to Trademark?
Getting a trademark costs a lot less than getting a patent. The cost to file is usually less than $2,000 but legal costs are involved as well. However, it is well worth it as trademarks act as legal deterrents to others from infringing on your intellectual property.
What is a Copyright?
If people want to protect work that is in its expressed form, such as a song, a TV show, a poem or a painting, they will need to copyright it. Copyrights exist for a specific period of time, and can be handed down after someone’s death.
How to Apply For a Copyright
You might think getting a copyright is relatively easy, but it is still a process that requires the services of a qualified attorney. If you ever want to sue anybody for infringing on intellectual property that is rightfully yours, such as a book or a song, then a copyright is the only way to go.
What is a Trade Secret?
If you have a business idea that is worth a lot of money, you probably will want to keep it secret from the general public. And you will also want your employees to do the same. So having the right procedures in place to protect your trade secrets can be crucial.
What is a Work for Hire?
Find out what this document is in this informative article.
Legal Basics for Start-Ups
When people start up their own company, they often do not know where to begin. So getting the right help is pertinent if you want good tax benefits and other rights. Get a lawyer for the right information about how to get started as you may regret it if you decide to do it alone.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
