what to ask an intellectual property lawyer

10 Questions for Your Intellectual Property Lawyer

1. DO I REALLY NEED AN IP LAWYER? Consulting an intellectual property lawyer is critical for entrepreneurs and...
2. PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS—WHAT DO I NEED AND WHEN? Simply put, patents protect inventions,...
3. WHAT IS YOUR BACKGROUND? “Having a lawyer with knowledge of your field can be...

Full Answer

What are the 3 main components of intellectual property law?

Intellectual Property can be easily understood as creations of the mind. There are three primary types of Intellectual Property: copyrights, trademarks, and patents.Oct 16, 2018

What do intellectual property lawyers protect?

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

What are five things you should ask your lawyer?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.Nov 12, 2021

Is intellectual property law difficult?

Much of the work IP lawyers do is a far cry from the dramatic courtroom battles seen in movies and television. Rather, most spend time in offices and other locations where they review or produce important documents, conduct interviews, and complete painstaking analyses of often highly technical material.

What is Republic Act No 8293 all about?

REPUBLIC ACT NO. 8293. AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES. PART I. The Intellectual Property Office.Jun 6, 1997

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What questions should I ask in an attorney interview?

Litigation-related questions to ask a lawyer in an interview include:How many court and jury trials have you done and what is your win percentage? ... What is the chance that I receive a favorable outcome? ... What are the risks if the case does fail? ... What are the odds of a settlement? ... How long should I expect this to take?

How do you tell your lawyer what you want?

Practice telling your attorney exactly what you want, and don't be afraid to ask questions....Your lawyer should be happy to answer all of your questions.If you don't understand something your lawyer has said, ask for clarification. ... Ask your lawyer to explain the reasoning behind their advice.More items...

How do you prove intellectual property?

How to prove IP theftTake note of who has access to your IP. Have you recently partnered with another business or hired a freelancer who has access to confidential materials? ... Document suspected infringement. ... Calculate and record how much the theft has cost you. ... Seek legal help.Mar 17, 2020

How do you claim intellectual property?

To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.

How do I protect my intellectual property?

Here are five different ways to protect your intellectual property.Register copyrights, trademarks, and patents. ... Register business, product or domain names. ... Create confidentiality, non-disclosure or licensing contracts for employees and partners. ... Implement security measures. ... Avoid joint ownership.Mar 26, 2019

7 Important Questions to Ask a Potential Intellectual Property Lawyer in Toronto

Whether about copyrights, trademarks, or patents, the right intellectual property lawyer will guide your business through the legal procedure. Expect the IP attorney to take the pressure off your shoulders and handle everything, including the little details. If you want the right person by your side, start by asking the following questions.

Choose the Right IP Lawyer and Protect Your Work

Remember that you will put your unique creation and life’s work in the hands of your intellectual property lawyer, IP. So, don’t make rash decisions, and take the time to do your research and find the best fit.

What is a patent troll?

Non-practicing entities, or “patent trolls,” base their business on acquiring patents and slapping “offenders” with licensing fees and lawsuits. “This has become a much larger proportion of the IP landscape,” Olesek says.

Why is it important to ask this at the beginning of the process?

“It’s crucial to ask this at the beginning of the process, because it can add a lot of cost and complexity to the equation, but is also incredibly important,” says Palfrey.

What is a trade secret?

Simply put, patents protect inventions, copyrights protect creative works, trademarks are a word or symbol associated with a company or product, and a trade secret is information not privy to the public that provides a competitive edge.

Is it good to have a lawyer with knowledge of your field?

“Having a lawyer with knowledge of your field can be extremely helpful in framing your applications successfully, ” Palfrey says. But if your attorney’s area of expertise is too narrow, that can lead to conflicts of interest, according to Frank Bernstein, an IP attorney at Kenyon & Kenyon in Silicon Valley.

What is the difference between copyright and trademark?

Generally, trademarks protect the name of a product or service, patents protect inventions or unique methods of doing business, and copyrights protect the expression of an idea , such as a song, poem or painting. More specific differences are listed below:

What is a good business name?

Good business names and trademarks are those that are considered “strong” under trademark law. The strongest marks are coined words and the weakest are words that merely describe or are the generic name for your goods and services.

What is a trade secret in Minnesota?

trade secret is anything in your business that you keep secret that your competitors, if they knew the information, would be able to use it to their economic advantage. Trade secret is a matter of state law , and the rules about trade secrets in Minnesota are contained in the Minnesota statutes at Chapter 325C. Trade secrets in Minnesota are broadly defined, and just about anything can be covered. To qualify as a trade secret, you must keep the information a secret. Manufacturing processes are often held as trade secrets, and so is the formula for Coca-Cola®. Trade secret issues occur most often with former employees. A common scenario with trade secrets occurs when a sales person leaving one company takes a customer or prospect list to a competitor. In such cases, the original company can obtain an injunction to stop use of the customer list, and in some cases may also receive money damages for the loss of the secret.

Do you need to own a trademark in the US?

The same Intellectual Property protection available in the United States is generally available in other countries as well. It is often necessary and advantageous, however, to own federal trademark or patent registrations in the United States before applying for protection elsewhere. The rules in this area tend to be specialized and complicated, and it is a good idea to consult an IP attorney early in your business if you intend to do business internationally. This is especially true of patents, as public disclosure before filing may destroy, forever, your rights to file.

Prior to the Meeting With the IP Lawyer

Much of the critical work happens before the in-person meeting. In your initial contacts with the law firm, whether directly with the attorney or with a receptionist or paralegal, provide a basic summary of your issue. No need to get too far into the weeds.

Will a Conflict of Interest Prevent the Lawyer From Assisting You?

Before you get too far into any meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. If you have a litigation matter, you should bring a list of other employees who may be witnesses, defendants or interested parties.

During the Meeting With the IP Lawyer

The attorney will likely take the lead in the conversation, but ask you plenty of questions. He or she may begin by asking about your personal and business background. Depending on the nature of your work and your legal problem, it may be helpful to bring samples of your work, such as images of your trademarks.

Asking Questions of the IP Lawyer During Your Meeting

The meeting is not, of course, entirely about providing the attorney with information and documents. You will likely have many questions, which ideally you can prepare a list of beforehand. Some questions to consider asking are:

What skills do IP lawyers need?

They need to know how to choose words that resonate with the judge and jury and clearly dispute their opponents' claims.

How much do intellectual property lawyers make?

The national average salary for intellectual property lawyers is $152,537 per year. However, this salary may vary depending on how much experience you have and where you work. For example, an attorney who is a partner at a law firm may earn a higher salary than a junior associate who works at a university.

What is IP legal?

An intellectual property (IP) lawyer is a legal professional who protects the ownership of intangible assets, including: Here are some types of intellectual property that IP lawyers use to protect their clients’ creations:

What is intellectual property law?

Intellectual property law is a legal specialty that protects and defends client designs and ideas. To decide if this is the right specialty for you, it's important to understand the skills and educational background that intellectual property lawyers need. In this article, we discuss the job duties of intellectual property lawyers and ...

What do IP lawyers study?

Although acceptance into law school doesn't require a specific discipline, some IP lawyers study engineering, which provides technical knowledge they may use for cases involving patents. Other aspiring IP lawyers study art, which helps them with court cases regarding the misuse of logos and symbols.

What is an assignment agreement?

Licensing agreements: Lawyers write licensing agreements that state an individual or organization has the owner's permission to use intellectual property under specific terms . Assignment agreements: Clients may seek the guidance of IP lawyers to write assignment agreements that transfer the clients' intellectual property rights to another party.