Intellectual Property Attorney in San Diego

Intellectual property generally relates to creations of the mind, and includes copyrights, trademarks, trade secrets and patents. Intellectual property may be created or owned by individuals or businesses, just like any other form of property, and can be protected and utilized in many different ways.

An intellectual property lawyer can help you identify potential IP, protect it through registration, monitor it to prevent infringers, and license it to others. This will help you leverage your IP to the extent you can, and benefit from your hard work.

What is Intellectual Property?

Intellectual property (usually referred to as “IP”) is a broad area of law that generally pertains to creations of the mind. Hence the term “intellectual” property. The 3 primary types of IP are copyrights, trademarks and patents. A 4th type is known as trade secret, which technically is IP, though it is treated slightly differently than the traditional 3.

Copyright applies to creative works such as writings, books, photos, movies, architecture, and music. Copyright helps protect your creative expressions. Trademark is a mark or phrase used in connection with the sale of goods or services. Trademark helps protect your brand. Patent usually applies to inventions that are novel, non-obvious and functional. Patent helps protect your inventions and processes.

Trademarks

Licensing

Patents

IP Litigation

Copyrights

Enforcement

Monitoring & Enforcement

The first step in securing your intellectual property is to identify any potential IP rights that you or your business may have. Some IP rights such as copyright are granted automatically, but it is usually advisable to obtain Federal registration of your IP in order to solidify your rights. Once registration is obtained, you might also consider implementing a monitoring system to keep an eye on the market, and make sure others are not using your IP without authorization. Some business owners are comfortable doing this themselves, while others prefer to retain an intellectual property lawyer or other monitoring service to perform ongoing searches and assessments.

If you discover that another party is infringing upon your intellectual property (ie. using your IP improperly and without authorization), there are many ways to address such infringement and enforce your IP rights. Some matters can be resolved through amicable discussions and negotiations, while others might require formal proceedings or litigation. An intellectual property attorney can help advise the best courses of action for your particular matter.

Do You Need an IP Attorney?

If you need help identifying, registering or enforcing your intellectual property rights, you should consider retaining legal counsel. An attorney can help you better understand your IP rights, and make sure you are leveraging those rights to the extent you can. Contact a San Diego intellectual property lawyer to learn about how to protect your IP.

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