Newport Beach Intellectual Property Attorney
Newport Beach Intellectual Property Lawyer
Intellectual property rights in California cover ideas and creations of an individual’s mind. Intellectual property includes original works like inventions, books, plays, and business formulas or secrets. These rights and protections exist to encourage the development of ideas. It also protects those ideas from fraud or theft. Defending IP is necessary for many companies and individuals. It can be made easier with the help of intellectual property lawyers.
The Kinder Law Group: Newport Beach Intellectual Property Attorneys
At The Kinder Law Group, we provide legal assistance for those who want to protect their intellectual property in Newport Beach and throughout Southern California. This includes registering trademarks and copyrights, protecting patents and trade secrets, and bringing litigation to defend your IP. Intellectual property law is complex. Our firm has the knowledge of the necessary legal solutions to protect you and the ideas you have created. We strive for effective communication and dedicated representation and counsel for our clients.
What Is Intellectual Property?
IP includes any creative work that you have the rights to as a business, company, or individual. This means you have full rights over decisions concerning the making, producing, and selling of that work. Intellectual property includes creations like:
- Music and performances
- Art and sculptures
- Written works
- Clothing designs
- Software and coding
Intellectual property law in California aims to protect these works by designating a creator or owner of an idea. That way, it cannot be stolen by another person.
Types of Intellectual Property
In California, the four types of IP are patents, trademarks, copyrights, and trade secrets.
Patents provide exclusive rights to an inventor for their work for a short period of time. They are given authority over their creation for a certain number of years. This means that no other people or companies can make, produce, sell, or distribute the invention.
A utility patent is one type of patent. This protects machines, processes, or products. This type of patent covers the invention’s function and lasts for 20 years.
A design patent is created to protect a design or appearance, often of a product. They last for 14 years.
Plant patents are given to those who discover, invent, or asexually reproduce a new variety of plant. This form of patent also lasts for 20 years.
While certain types of IP protection are automatic, you must apply for a patent and prove that the invention is new and useful. You will file an application with the U.S. Patent and Trademark Office. To register your patent, your invention cannot be similar to another invention. You also cannot have disclosed the invention to the public already, and the public cannot have used the invention. Obtaining a patent can be fairly expensive. An IP attorney can help you weigh the costs and benefits of obtaining a patent.
Trademarks are frequently used by companies and businesses to protect their brand image. Trademark registration allows for U.S. nationwide rights, including the use of the trademark material and the ability to enter litigation against infringement. For many companies, brand protection is very serious. IP under trademarks includes phrases, fonts, logos, symbols, and designs. Trademarks last forever and grant companies the exclusive rights to use the IP. Trademarks also cover multiple ideas at the same time.
Copyrights are applicable to tangible creations, not ideas. They apply to works like songs, books, movies, art, architectural designs, and poems. The authors of these works are afforded automatic copyright protection over their original creations. Registering the copyright allows further protections for original works. Registration is generally required prior to any copyright litigation. When you have copyright over your work, others cannot reproduce it or use it for their own profit.
While most forms of intellectual property are public but protected, trade secrets are private. A trade secret is a formula, process, plan, or recipe that has economic importance to a business and its operation. If the secret were to become public knowledge or known to a competitor, it would financially harm the company or make them lose their advantage. If this happens, the owner of the trade secret has the right to pursue litigation.
Why Do You Need a Lawyer for IP?
An attorney can help you register your intellectual property. This can protect it in the most effective way. This allows you to keep rights and ownership over your work. You can also get the recognition and success you deserve for that work. An attorney can help you determine what type of IP protection will be most effective.
Working with an IP lawyer is also important if you are receiving offers from businesses for your work. This may be an invention, a design, an art piece, or an idea. Sometimes, this can be beneficial to you as the creator, both for networking and monetarily. However, companies will often take advantage of you and your creative work. An attorney can review agreements and contracts to ensure they are fair. They can also work to negotiate a better deal for you.
If your intellectual property is stolen, copied, or otherwise infringed, having an attorney by your side who is experienced in IP law is essential. An attorney can protect your creations and work. They can ensure that your trademark, copyright, patent, or trade secret is kept safe under the law.
Litigation is not always the first step. A knowledgeable attorney can help you determine the ideal options. If the infringement was intentional and continues despite attempts to resolve the dispute, litigation may be necessary. Intellectual property litigation cases are very complex. They require an experienced attorney to navigate them and keep your work from being infringed upon by individuals or businesses.
What Is the Difference Between an IP Attorney and a Patent Attorney?
IP attorneys have a broader knowledge of many types of intellectual property and IP laws. Patent attorneys have knowledge specific to patents. Patent attorneys, therefore, have much more specific knowledge of patent laws. They are better equipped to understand the legal aspects of a client’s invention.
Your Intellectual Property Lawyers
It is essential for creators of art, ideas, and inventions to protect their work and retain ownership over intellectual property. If you are an individual looking for IP protection or a company facing business litigation because of infringement, you need to work with attorneys you can trust. The Kinder Law Group is committed to helping those with intellectual property defend their creations. To see how we can help, contact our team today.