Intellectual Property
Intellectual property is a creation of the mind like designs, inventions, images, Music & art, etc.
used in commerce. People can get recognition and financial benefits by inventing and creating
things. IP is protected by the law like copyrights, trademarks, and patents. At Abid Nizami Law
Associates, our qualified lawyers provide the best services regarding intellectual property. we
have fast and cost-efficient services to resolve IP disputes outside the court. Our professionals
work as a mediator and assist the parties to reach a mutual agreement. We can help you in
licensing, cross-licensing patents, or creating patents pools, searching, and registering trademarks
according to IP law.
Different types of Intellectual Property
Copyrights
We came across copyrighted products every
day. Copyrights protect creative and
innovative works such as movies, games,
artwork, music, books, or other innovative
products.
Trademarks
Trademarks are registered in the trademark
office. It can protect your mark that makes a
brand distinct from others. Slogans, sound,
logo, color, etc. are examples of trademarks.
Patents
Functional designs and inventions are
protected by patents. Inventions must be
publicly disclosed to get a patent. A patent
gives all the rights to the inventor for a fixed
time.
Trade Secrets
Confidential information rights that can be
sold or licensed through trade secrets IP law.
The information must have commercial value
and be known by only a small group of
people.
Intellectual property is protected by the law to prohibit the use or recreation without the owner’s
consent. Intellectual property is a valuable asset for any individual or company. IP can be
protected by trademarks, copyrights, and patents. One can protect his/her rights and nobody can
copy it without permission. It helps creativity and innovation. IP rights infringement is using
someone else’s creation without permission. Sometimes it happens accidentally. To deal with
these infringements in a nonlitigation way, one can buy or get the license or permission from the
owner. These laws encourage creativity and innovation. It helps you to earn profits from your
innovation. Law firms also hire outsourcing teams for IP services so that they can focus on their
major cases. you can hire us to reduce the workload and increase efficiency. We can also help
you with logo copyrights, trademarks, and patents. We help you to protect your intellectual
property.
Why you should choose us:
Affordable Prices
Our qualified and experienced lawyers can
provide you with their legal services at very
affordable rates.
Improved Efficiency
Our team is comprised of senior-level lawyers
and attorneys. We help firms to increase their
productivity and efficiency.
IP Rights Protection
We ensure the efficiency and accuracy of our
system to give you unmatched IP protection
services.
24/7 Availability
Our legal team is available 24/7 to help you
with any query.
A lot of hard work is needed in making something unique. It is important to reserve its rights so
that no one can copy it without permission. Intellectual property infringements have costly
consequences. If you are looking for IP services, we have qualified lawyers that can help you
with your legal needs. To get our consultation, contact us now!
Email: info@abidassociates.com
Email: info@abidassociates.com
FAQs
What do Intellectual property rights mean and what types of IP exist?
Intellectual property is a creation of the mind like designs, inventions, images, Music &
art, etc. People can get recognition and financial benefits by inventing and creating things.
Intellectual property (IP) rights are to protect intangible property rights. The most common
categories of IP rights include Trademarks, Copyright, Patents, and Trade Secrets.
Why is IP important for my business and what considerations should I have when I am planning an IP strategy for a new market?
IP laws let your business claim proprietorship over, and get benefits from its intangible
creations. For example:
- You can give rights of your IP to third parties in exchange for money or royalties.
- You can stop competitors from using your IP like your brand name.
- If you want to attract investors or to sell your business, IP rights can be a significant element of your business’s value
- Which IP rights you are planning to use in that market
- Whether an existing competitor in that market already has similar rights to your IP
- The expenses of getting protection for your IP in that new market.
What Is A Trademark?
Trademarks are symbols, words, and designs to differentiate a product from similar
products like names and logos of brands. A trademark is disallowing any imprints that have a
“probability of confusion” with a current one.
What do ® and TM mean?
TM stands for “trademark”. TM can be used without federal or state registration.
Trademark having the “®” symbol (® stands for registered) has been approved for registration
by the United States Patent and Trademark Office (or USPTO).
Why should I go through the trouble of getting my trademark registered with the United States Patent and Trademark Office?
One benefit of getting a federally registered trademark with the United States Patent and
Trademark Office (USPTO) is that the trademark gets nationwide significance. Federal
registration will grant it a priority in 49 other states over another trademark. That way a new
business gets a chance to grow and not have to worry about the conflict with a competing
trademark in another state.
How long does a trademark registration last?
A trademark registration lasts for 10 years but you need to file section 8 Affidavit
(Affidavit of Use) between these years.
What Is a Patent?
A patent is an exclusive right that is given to any process, invention, or product. For a
patent, one needs to make the invention’s information public in a patent application and then
reserve its rights. These rights are given for a specific time limit. It gives you the rights and
stops others to copy, sell or manipulate it.
Does a patent last forever?
A utility patent that is granted on or after June 8, 1995, will be enforceable for 20 years
(from the date the patent is issued). To maintain the patent, occasional fees must be paid during
these years. Design patents are usually issued for 14 years, and you don’t have to pay any
maintenance fees.
What types of penalties could I incur if I infringe on someone else’s intellectual property rights?
IP rights infringement is a serious matter. A court can impose a ban on a violating party
until the matter is resolved. If the defendant is proved guilty, a court may grant the plaintiff
restitution and monetary damages. The losing defendant’s intellectual property rights may be
revoked and he/she may be charged criminally.
What Is a Copyright?
Copyrights are issued to protect authorship rights. According to copyrights law, only the
author has the authority to display, use and perform the material. Without permission using
others’ work can cause copyrights infringement.
How long does a copyright last?
If the copyrights are issued after 1977, the copyright will be enforceable for 70 years after
the death of the author.
What things can I patent?
Following are the four types of patents, Utility, Plant, Design, and Provisional patent:
Utility Patent
A utility patent is the most common category among people. It is related to the legal protection of inventors’ rights for any new or unique process, the machine, or a manufactured article. Usually, a utility patent time limit is 20 years as long as you keep maintenance fees in check.
Design Patent
To protect the rights for a new and original design of products, a design patent is issued. Design patents’ time limit is 15 years and no maintenance fees are needed. It gives the rights of the design to the inventor.
Plant Patent
A plant patent is used to reserve the rights of a newly invented plant that has reproduction capability. Plants patents are issued for 20 years with no maintenance fees.
Provisional Patent
A provisional patent is to file a patent application at the US office and you need to file a utility patent after filing a provisional patent within a year.
Utility Patent
A utility patent is the most common category among people. It is related to the legal protection of inventors’ rights for any new or unique process, the machine, or a manufactured article. Usually, a utility patent time limit is 20 years as long as you keep maintenance fees in check.
Design Patent
To protect the rights for a new and original design of products, a design patent is issued. Design patents’ time limit is 15 years and no maintenance fees are needed. It gives the rights of the design to the inventor.
Plant Patent
A plant patent is used to reserve the rights of a newly invented plant that has reproduction capability. Plants patents are issued for 20 years with no maintenance fees.
Provisional Patent
A provisional patent is to file a patent application at the US office and you need to file a utility patent after filing a provisional patent within a year.
What things can I not patent?
You can’t get a patent for the following things:
- A mathematical formula
- A law of nature
- A scientific principle that has no useful application
When is an invention novel?
At least one of the elements of an invention needs to be different from existing
inventions to be novel. You need to review all of the existing inventions in the field before
filing the patent application.
When is an invention useful?
An invention is useful if it is beneficial for people in some way. The benefit doesn’t need
to be substantial but the applicant needs to demonstrate that the invention will work.
Can I get a patent for computer software?
Yes, you may be able to get a patent for computer software if it is useful and has tangible
results.
Can I get a patent for an invention if I am employed by a company?
Usually, not. Employers will get the patent rights for any invention that is created by you
during your employment but you can get bonuses for valuable inventions.
What happens if a company uses my idea without permission?
If you have any kind of IP rights (copyrights or patents) then you can sue the company for
IP infringement. If you have not done this, you can still take legal action if the company has
signed a non-disclosure agreement with you before the discussion of the idea.
Do I need permission from the copyright owner to use part of a song?
Yes. You need permission from the copyright owner of the song and the recording to use a
song. Songs recorded in the 1960s or earlier have entered the public domain, anyone can use
them without permission.
Am I liable if I sell items that infringe on copyright in my consignment shop?
If you are aware of copyright infringement and still sell the items then you are legally
responsible as a secondary infringer. The copyright owner can take legal action against you.
What is a trade secret?
Confidential information rights that can be sold or licensed through trade secrets IP law.
The information must have commercial value and be known by only a small group of people.
What rights do I have as an owner of a trade secret?
You can stop anyone subject to a non-disclosure agreement from revealing, copying, or
using the secret without permission.
What happens if someone steals a trade secret?
The trade secret’s owner can get an order from civil court to stop the thief from disclosing
or using the secret any further. The thief can be charged criminally and needs to pay for all the
damages caused by the disclosure of the secret.
Can you sell an idea to a company without a patent?
Yes, you can sell your idea without a patent. But if you can’t protect your idea under the
patent rule, you can choose a different type of IP. (Copyrights, Trade secrets, etc.)
When do I need a lawyer in managing my IP?
This depends on the following factors:
- Your understanding of the IP regime: If you don’t know how to process or are unfamiliar with the IP rules and regulations.
- The complexity of the IP portfolio: If you have a large number of applications and need technical guidance.