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Intellectual Property Law

Intellectual property is an idea, work, or invention that is the result of mental efforts by the creator which results in property rights for using the creation. Similarly, intellectual property law consists of using those property rights to protect ideas and inventions. Specific categories of intellectual property law include copyright law, trademark law, patent law, and trade secret law. Intellectual property law is a complex area of law with each category having its own set of rules, procedures, and interpretations.

Patent law, for example, involves separate processes of obtaining a patent and enforcing one. Specifically, patents are granted through the United States Patent and Trademark Office which, in general, is much adversarial than a court proceeding. In contrast, enforcement of patents is typically down through the courts in the form of a patent infringement lawsuit.

Legal issues involving patent law range from prior art searches and freedom to operate analyses which can assist in determining whether it’s worthwhile to obtain a patent on a new invention, to patent litigation disputes which are brought to enforce a patent and prevent another person or entity from infringing on it.

Importantly, due to the many facets involved in intellectual property, protecting your intellectual property and navigating relevant laws can be complex. However, protecting one’s intellectual property can have important ramifications and can help determine whether your business will succeed or fail. The posts on this website discuss specific aspects of intellectual property and are intended to give clarification to businesses and people dealing with intellectual property legal issues.

Disclaimer: The information on this website is intended to be general information only and not legal advice. Laws change frequently and the information on this website may not be up to date, nor is the information intended to be fully comprehensive. For legal advice specific to your case please contact J.D. Porter, LLC or another licensed attorney.