Intellectual Property

Intellectual property refers to creations of the mind. As a business owner, protecting intellectual property can be even more important than protecting physical property. If you don’t protect your brand and intellectual property, you are putting your ideas and work at risk.

Our flat fee intellectual property services include trademark clearance, trademark registration, and more.

In addition to these services, Lyda Law Firm has extensive litigation experience. We are well equipped to represent businesses and individuals in intellectual property disputes — both in and outside the courtroom.

What is Intellectual Property?

Intellectual property, or IP, is any unique creation of your own mind that the law protects from being stolen. The law offers three main types of protection for your intellectual property:

• Trademarks
• Copyrights
• Patents

Intellectual property can include:

• Logos
• Phrase
• Symbol
• Sounds
• Color schemes
• Smells (yes, really)
• Writing
• Computer code
• Artwork
• Scientific innovations
• Product designs
• Trade secrets

Trademarks

A trademark is something that usually protects the name or the logo of your business.

If your business is called XYZ Corp., you could register a trademark so that nobody else can start a business called XYZ Corp. in your specific line of work.

Trademarks can not only protect the name of your business but also how your business name is written and visually represented. That could include a specific font, style, and color; or the actual logo for your business.

Copyrights

Copyright traditionally protects things like the written word. If you write a book, you have a copyright on that book. One of the most prominent uses of copyright law, especially for startups, is to protect computer code. If you are a tech computer or a software company, it is imperative that you protect your proprietary computer code with some sort of intellectual property protection.

Patents

The third type of intellectual property protection is a patent. Patents are typically used for scientific or technological innovations.

In order to receive patent protection, a specialized lawyer will need to file for the patent for you. In order to represent you in what’s “called prosecuting a patent,” lawyers not only have to pass the bar exam, they also have to pass the patent bar exam. And in order to do that, your lawyer would need to have a scientific background before going to law school.

If you are looking for protection for scientific or technological advancement, a patent may be the way to go. To get started, contact a qualified patent attorney in your state.

Trade Secrets

Trade secrets are systems, formulas, strategies, or other information that is private and proprietary to your business. Unlike the other main forms of intellectual property, trade secrets are not registered with the USPTO. However, they are technically a form of intellectual property because you have a private right to protect them as your own property. You can protect your trade secrets in various ways, including through nondisclosure agreements, employee policies, and implementing security measures. Disputes over disclosing trade secrets often arise during the discovery process of business lawsuits.