Intellectual Property attorneys by state.

What's the difference between a patent, trademark, and copyright?

Patents protect inventions and processes (utility patents last 20 years). Trademarks protect brand identifiers — names, logos, slogans (can last indefinitely with renewal). Copyrights protect creative works — writing, art, music, software code (typically life of author plus 70 years). Each protects different things and requires different registration processes.

Do I need to register a trademark?

You get some common law trademark rights just by using a mark in commerce, but federal registration provides much stronger protection — nationwide priority, the ability to sue in federal court, customs enforcement against imports, and use of the ® symbol. State registration provides intermediate protection. An attorney can advise on the right level of protection for your brand.

How long does the patent process take?

Utility patent applications typically take 2-3 years from filing to issuance, sometimes longer. Provisional applications give you 12 months of "patent pending" status at lower cost while you develop your invention further. Design patents are generally faster. An attorney can help you navigate the process efficiently and respond to Patent Office actions.

Someone is using my trademark. What can I do?

Start by documenting the infringement. Your attorney can send a cease and desist letter, which resolves many disputes. If that doesn't work, options include filing a complaint with the TTAB (Trademark Trial and Appeal Board), pursuing domain name arbitration (UDRP), or filing a federal lawsuit for trademark infringement. The strength of your claim depends on your mark's registration status and priority of use.

What is a trade secret and how do I protect one?

A trade secret is valuable business information that derives its value from being secret — formulas, customer lists, processes, algorithms, or business strategies. Protection requires active measures: confidentiality agreements, access controls, employee training, and consistent enforcement. Unlike patents, trade secrets have no expiration — but once disclosed, protection is lost.

Do I own the IP my employees create?

Generally, employers own IP created by employees within the scope of their employment ("work for hire"). However, the rules are more complex for contractors, consultants, and work created outside normal job duties. Written agreements clarifying IP ownership are essential. Without them, ownership disputes can arise — and the default rules may not favor you.

Can I patent my software or app?

Software patents are possible but the landscape has become more restrictive after recent court decisions. Abstract ideas and algorithms alone aren't patentable, but software that produces a specific technical improvement or solves a concrete problem may qualify. An attorney experienced in software patents can evaluate whether your innovation is patentable and draft claims that will survive examination.

What should I do if I receive a cease and desist letter?

Take it seriously but don't panic. A cease and desist letter is not a lawsuit — it's a demand. Don't ignore it, but also don't respond or make changes without consulting an attorney. An attorney can evaluate whether the claims have merit, advise on your options (which may include challenging the claims), and respond appropriately to protect your rights.