Intellectual Property FAQs
What are some common types of intellectual property?
Intellectual property (IP) consists of intangible assets created by a business or individual, including:
- Inventions: New and useful processes, machines, manufactures, or compositions of matter that are typically protected by patents.
- Trademarks: Distinctive signs, symbols, logos, or phrases used to identify and distinguish goods or services in the marketplace.
- Copyrighted works: Original works of authorship such as literary works, artistic creations, musical compositions, and audiovisual content.
- Trade secrets: Confidential information that provides a competitive advantage, such as formulas, processes, methods, or techniques.
- Industrial designs: The visual appearance of a product.
- Domain names: Unique identifiers for websites on the internet.
What is IP prosecution?
Intellectual property prosecution is the process of drafting, filing, and negotiating with the U.S. Patent and Trademark Office (USPTO) to obtain protection and rights for an invention or creation. At Lewis Rice, we approach this process by:
- Working closely with the inventor or owner to assimilate a working knowledge of the subject matter of the patent or trademark. Many of our attorneys have backgrounds in technical fields such as engineering and computer science, which makes it easier for them to translate complex details into materials that the USPTO, judges, and juries can easily understand.
- Conducting studies to determine the likelihood of obtaining an issued patent or trademark before our clients expend a substantial capital investment on an invention, trade name, or slogan.
- Following through with portfolio maintenance as the need arises.
What should I do if I have created a new product and want to launch it?
The first thing you should do is contact us for a complimentary consultation. One of our attorneys will go over the next steps and advise on common mistakes inventors make, such as disclosing an idea without a confidentiality or non-disclosure agreement. We'll also check to see if someone else has already invented your product or is using your trademark to determine if it is worth pursuing protection. It's better to spend a small amount on a search than thousands of dollars on a patent application only to discover that something has already been done.
How long does it typically take to secure a patent or trademark?
On average, it can take one to three years to for issuance of a patent and 12 to 18 months for a trademark application to mature to a registration; however, there are numerous factors that can affect this amount of time, including type and complexity. A poorly drafted application can significantly slow down the process. Our experienced attorneys can help you prepare and draft a thorough, well-written application.
Once secured, patent protection lasts for 20 years. Trademark registration is valid as long as you post all registration maintenance documents in a timely manner and have suitable use of the mark in commerce in connection with the registered goods and services. Our attorneys can assist with necessary trademark maintenance and fees to ensure you keep your rights.
What is IP litigation?
Intellectual property litigation is a legal process that involves disputes over IP rights. In recent years, Lewis Rice’s intellectual property litigators have successfully opposed some of the largest law firms in the country at a fraction of their costs. Our team includes former federal court clerks, attorneys licensed before the U.S. Patent and Trademark Office, and graduates of the best law schools in the country.
Because our litigators are also experienced in antitrust and other commercial areas, they can fully assert or defend our clients' rights in any pending matter. Perhaps most importantly, our litigators have the knowledge and experience to present complex technical issues in a way that judges and jurors understand.
What makes Lewis Rice’s IP Practice Group unique?
Our practice is unique in that we integrate the processes of obtaining and enforcing IP rights. Our IP litigators review the work of our IP prosecutors and vice versa, which strengthens our clients' intellectual property rights from the start. Most firms separate these functions, but we believe our approach results in clearer, more enforceable trademarks and patents.
How do you save your clients money?
The combination of our talented attorneys, client-focused, objective-driven approach, and Midwestern rates results in effective and cost-efficient counsel. This can provide leverage and flexibility in resolving high stakes, "bet the company" intellectual property disputes for large and small companies alike. During prosecution we staff each matter leanly so that the assigned lawyers can gain in-depth knowledge of a client’s intellectual property needs without running up costs.