When does your great idea need the expertise of an intellectual property attorney?
What do Amazon “1-Click” shopping, the Apple brand, and Conan O’Brien’s Coco Digital, LLC team have in common? Its owners had the foresight to seek the expertise of an Intellectual Property (IP) lawyer. It’s an easy mistake to think that only multi-million dollar, intricate creations require legal intervention. After all, recent technology has made the patent process (one of several functions of an intellectual property attorney) more accessible. Be that as it may, accessibility is not an indication that the scope of copyright laws has been reduced. It only presents the inventor with another option and is not a substitute for good legal advice and the peace of mind that comes from knowing that his or her rights are properly protected.
Some cases of attorney involvement are obvious, such as when someone has infringed your patent through their unauthorized use of your idea. The case in point is Apple’s recent charge that Samsung allegedly copied its iPhone technology. Other cases are not so clear cut.
Not sure whether or not you have an original process or product? Perhaps you are involved in the information technology industry and need to create a license agreement. Has someone used your name, voice, or image in an ad without your permission? In our next installment, we’ll delve into the importance of a trusted and knowledgeable resource to guide you through this process.
Protecting your intellectual property can add value to your brand in the marketplace. This is especially important if you are operating virtually over the Internet or have a physical presence in multiple states.” Your idea, service, or product becomes recognizable over time thanks to your marketing efforts. It would be unfortunate if you were to waste your blood, sweat, and tears on your business venture only to discover that someone else has already protected what you thought was your unique invention.
1. You’re Not Sure Whether or Not You Have an Original Process or Product: Granted by the Federal Government, the patent process begins when the inventor files an application with the US Patent and Trademark Office. This detailed application is loaded with complex legalese. Whether or not the invention is suitable for patenting becomes apparent when the inventor completes the application. A lawyer could explain the request in simple terms, which would make the process easier.
2. You are involved in the information technology industry and need to create a license agreement: The purpose of a license agreement is to allow the inventor to charge for the use of his or her creative work or product. For example, for certain headphone and speaker makers to market products as iPhone-compatible, Apple had to give their permission. Agreements can vary in length, but an intellectual property lawyer can present you with a wide range of options, protecting your rights in the way you feel most comfortable.
3. You are in the entertainment industry and someone has used your name, voice or likeness in an advertisement without your permission – Violation of the right of publicity is often confused with trademark and copyright infringement. Indiana’s right of publicity law protects “…the name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or manner” of everyone. This year, Indiana considered toughening up its “James Dean Law” to protect and extend rights to the estates and families of deceased celebrities. Protection is not just about seeing that the creator of the image is adequately compensated for the work generated in the own brand. It is also to protect the way it is marketed, if any.
Don’t take shortcuts when it comes to your ambitions. If you’re serious about taking your intellectual property to the next level or protecting your precious work, having an intellectual property lawyer involved from the start could be invaluable. Months or even years of work can be blown away in an instant if crucial steps in this process are overlooked.