What is an Intellectual Property Lawyer?
An intellectual property lawyer is an attorney whose focus is on property law. This involves rules for enforcing and securing legal rights to artwork, designs, and inventions. Intellectual property laws also help secure other assets such as real estate and personal property.
How Does an Intellectual Property Lawyer Help Clients?
Intellectual property lawyers help their clients with the following:
- Protecting and establishing intellectual capital
- Transferring exclusive technology
- Licensing new inventions
- Preparing licensing agreements
- Conducting intellectual property asset due diligence
- Negotiating settlements
You may also hire an IP lawyer to assist you with filing your application for a trademark or patent, defend your trademark or patent, or present your case before the board, or patent examiner or write up a licensing agreement. He or she may present you with ideas to increase your portfolio's and additional regulations and rules for protection.
An intellectual property lawyer represents his/her clients in both state and federal courts as well as the international trade commission and the United States Patent and Trademark Office.
What are the Domains of Intellectual Property Law?
Intellectual property law has six distinct domains:
- Copyright Law
- Trademark Law
- Patent Law
- Unfair Competition
- Trade Secret Law
Intellectual property attorneys are also trained in regulations and legislation that protects a person’s inventions from intellectual theft.
What Does an Intellectual Property Lawyer Do?
An IP lawyer does everything lawful related to intellectual property. For instance, you might hire an IP lawyer to apply for a trademark or patent, to defend your trademark or patent, etc. In addition, an IP lawyer can contest matters related to the individual’s intellectual property in front of agencies and courts. They’ll be able to argue all aspects of intellectual property law, trademark law, patent law, trade secret law, copyright law, unfair competition claims, etc.
Many IP lawyers also practice in fields where intellectual property laws are applicable such as pharmaceuticals, biotechnology, nanotechnology, computer engineering, e-commerce, and the internet.
What Are Some Examples of Intellectual Property Lawyer may represent?
Any creations arising from human thought that qualify as invention and therefore patent protection may require representation from an IP lawyer.
Listed below are a few examples:
- Creative or literary works such as music, artwork, books, etc.
- Slogans, packaging, logos and product names
- Names, symbols, pictures, and designs used in business
- Commerce techniques and secrets
Any time you create something novel, whether it’s a kitchen gadget, a lifestyle product or even a new piece of artwork, it must be protected from intellectual theft.
The World Intellectual Property Organization or WIPO is a United Nations body that is responsible for protecting intellectual property rights worldwide.
What Makes a Good IP Lawyer?
As an author, inventor, artist, etc. you have the right to prepare, and file your own application, and conduct your own proceedings. However, an intellectual property lawyer has specific and detailed knowledge about intellectual property laws. As a layperson, you might find it very hard to navigate this area.
An IP lawyer may not know the technical or scientific specifics about your inventions or creations, however, he or she will be familiar with the process of preparing and filing patent applications, conducting proceedings in a court or the patent office, etc. In addition, many IP lawyers also have secondary degrees in other fields such as computer engineering, publishing, etc.
With a good intellectual property attorney, you will not only have the expertise and legal support to represent your case but the reassurance that your invention or creation will be safe from intellectual theft.