Intellectual Property Rights

Like many areas of law, intellectual property attorneys’ responsibilities differ according to their niche. Lawyers may cover licensing, acquisitions, or creation. Some create and oversee strategies to protect intellectual property internationally and domestically. However, there are three main components of IP law: counseling, protection, and enforcement.

1. Client Counseling

Lawyers who counsel clients find the best way to guard intellectual property and help their clients license and use it. For example, executives enlist attorneys to research the availability of trademarks. If a similar mark already exists, lawyers help leaders determine whether to alter their design or drop it altogether.

In the field of patent counseling, attorneys with a technical background assess the client’s patent to determine the possibility of patent infringement and its validity. Patent lawyers usually must have a background in science, including an undergraduate degree in a scientific field, to qualify.

2. Intellectual Property Protection

Lawyers involved in the protection of intellectual property complete the processes associated with securing the highest available rights. Doing so involves preparing and transmitting an application with the U.S. Patent and Trademark Office (PTO). Attorneys will also respond to issues or requests by the agency until the patent or trademark clears and is issued

3. Enforcement of Intellectual Property Rights

Lawyers who enforce intellectual property rights do so by guarding the owner against infringement. Litigation against violators in federal court includes criminal prosecution and enforcement for intellectual property rights. International enforcement is much more complicated and can involve local politics in the country where the infringement occurred.