Intellectual Property Protection: Legal Right Protection

Written by Margaret Wommack

Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. Modern business, especially sincerepparttar rise ofrepparttar 148817 internet has seen a rise inrepparttar 148818 creation of intellectual property. Howeverrepparttar 148819 internet makes it even easier for someone to steal your ideas and work. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property.

Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets.


A patent is granted byrepparttar 148820 government allowing a (usually) 20 year monopoly on an invention previously “not generally known.” Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from “making, using, offering for sale, or selling…or importing”repparttar 148821 invention inrepparttar 148822 U.S. Your right to patent your invention is a constitutional right (Article I, section 8). Patents are subdivided into three groups: design, utility, and plant. Design patents protect innovations inrepparttar 148823 appearance (although notrepparttar 148824 structure or function) of an item. Utility patents are for wholly new inventions including machines, industrial processes, compositions of matter, and articles of manufacture. Plant patents cover innovations in plant-life, such as new species of plant created fromrepparttar 148825 reproduction of cuttings and grafts of existing plants.

Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client’s patent application, he or she must be registered withrepparttar 148826 U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients.


Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicatedrepparttar 148827 business’ products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights. You can also file an intent-to-use application to reserve a name that will later be trademarked. (This is especially important withrepparttar 148828 expansion of business onrepparttar 148829 internet.)

Class Action Lawsuits

Written by Margaret Wommack

A class action is a civil lawsuit filed by multiple people who experiencedrepparttar same injury fromrepparttar 148816 same product, a single trial to hear all claims. The difference between their cases as individuals is onlyrepparttar 148817 extent to which each was injured. For instance, one anti-inflammatory medication user who developed SJS may haverepparttar 148818 associated rash while another may have lung damage and blindness as well. Often when a party was injured by a product but they do not have a strong enough case to file an individual lawsuit againstrepparttar 148819 company, they can band together with others who suffered injury fromrepparttar 148820 same product to make their case stronger by numbers.

Another benefit of class action lawsuits is pursuing a suit for only small losses. For example, $100 spent on a product that doesn’t work or spent to correct problemsrepparttar 148821 product causes is a mall amount of money and does not justifyrepparttar 148822 expense and time of filing a lawsuit. However, many people who have all lost $100 can band together and file a class action suit, splitting amongst themrepparttar 148823 cost of lawyer fees and filingrepparttar 148824 suit, and can hope for a settlement to be reached. If not for class action suits, that $100 lost, small inrepparttar 148825 court’s eyes but substantial torepparttar 148826 individual, could never be recovered andrepparttar 148827 company responsible forrepparttar 148828 faulty product would never have to reform. Class action lawsuits are most often for defective products, asbestos, prescription drug side effects or tobacco. If your case involves people across state borders then you may file a Federal class action. These suits are much more complicated and require a good, experienced lawyer.

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