Orange County International Intellectual Property Filings Attorney

Orange County International Intellectual Property Filings Attorney

The attorneys at the Myers Law Group are proud to provide experienced and reliable legal counsel for international intellectual property filings to creative and inventive clients. If you want to legally protect your creations, contact our team. Many different patent and trademark systems are in use throughout the world. Depending on how you plan to use your intellectual property or if you intend to license it to another party, you may need to navigate complex intellectual property filing processes and legal statutes.

Our firm can provide the legal guidance you need to protect your intellectual property all over the world. Over the years, we have handled many difficult international intellectual property cases for our clients and always seek the most comprehensive intellectual property protection possible for every client we represent.

What Are the Different Types of Intellectual Property?

Intellectual property refers to any creation of the mind, such as physical inventions as well as literary, artistic, scientific, or musical works. Intellectual property can also refer to computer games, computer programs and software, data collection, designs, symbols, and trademarks. There are several main categories when it comes to intellectual property: patent, trademark, and copyright.

Patents are widely used to protect intellectual property rights of physical inventions. Almost anything can be patented, as long as it is completely new and unique. Some categories typically using patents are:

  • New and unique processes can be patented. Such as a new mode of treatment for certain materials or chemicals.
  • A tangible, concrete thing or item that has a new and unique function and purpose.
  • Elements of Aesthetic Design. This category includes the unique look and feel of a particular product, including ornamental or superficial design elements not affecting function or performance.
  • Geographical Indicators. Geographical indicators are often used with various foods and drinks associated with a specific geographical location. Examples of products with patented geographical indicators are Darjeeling Tea from India, Bordeaux wine from France, or Roquefort cheese from France. IP laws protect the reputation of certain geographical locations by ensuring that only products truly originating in that area can use its geographical indicator in the product name.

Trademarks symbols can also be patented. In the past, artists would mark their artistic creations with a unique symbol or by writing or carving their initials into the product. These marks distinguished their work from other artists.  In modern times, these marks are less literal. They are called trademarks and are protected by trademark patents.

Copyright laws protect original works of authorship and were designed to promote art and culture by safeguarding the artist or creator’s legal and financial rights, encouraging further creative and artistic works. Items able to be protected by copyright include:

  • Text, still or moving
  • Sound works
  • Three-dimensional artistic creations such as architecture and sculptures
  • Data collection
  • Reference works

Why Should You File an Intellectual Property Claim?

International IP Filings

Intellectual property laws are in place to protect creative individuals and businesses, as well as to safeguard the intellectual advancements of society. Protection of intellectual property has been an American ideal since the drafting of the Constitution. James Madison, the fourth president of the United States, wrote into the Constitution that congress had the power to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” In other words, scientists, artists, and creatives can have exclusive rights and protections of their own ideas and works – at least for a period of time.

The creative and innovative power of the human mind is largely responsible for the advancement and betterment of humanity throughout the ages. From the first cave, people who decided to sharpen stones and make tools to the inventors, scientists, and artists of today, human creative ingenuity has been at the forefront of our development. Intellectual property laws were established centuries ago to protect the rights of the creative individuals and businesses responsible for these valuable inventions by ensuring that no one could sell, make, or distribute their intellectual property without permission.

If an individual, business, or corporation has used your licensed intellectual property for commercial use, you have the legal right to file an intellectual property case against them. If you live in Orange County and believe someone has infringed upon your patent or copyright laws by using your property without your permission, call our affirm. An Orange County Intellectual Property Lawyer can determine the appropriate legal actions.

What Are the Steps to Filing an Intellectual Property Case?

Filing an intellectual property case can be a very complex process. The first step in the process is to choose an experienced, reliable intellectual property attorney. Your IP attorney will help determine your legal options and formulate an action plan. Your IP lawyer will guide you through the three main steps to filing an intellectual property case.

  1.  Determining Coverage of the Patent Claim. First, your lawyer will complete a very careful analysis of the patent or copyright claims to determine whether an infringement really occurred.
  2. Avoiding Litigation. Because formal litigation can be very expensive and time-consuming, you may want to pursue all alternatives. Your attorney may advise you to contact the infringer to negotiate your claims outside of the courtroom. The infringer might prefer settling the matter without litigation. If you do not feel comfortable negotiating with the infringer personally, you can recruit a mediator to facilitate the discussion and instigate a compromise. It could make the process less stressful for all parties.
  3. Getting Started in Litigation. If a settlement cannot be reached outside of the courtroom, your IP attorney will file a formal complaint in federal court. Then, together with your attorney, you will begin to compile evidence of your property ownership and proof of infringement by the accused party.
How Much Does Filing an Intellectual Property Claim Usually Cost?

Litigation costs are known to be high. Determining the cost of filing an intellectual property claim depends upon the value of the infringed upon asset. Typically, when the value of the property at stake is between $1 million and $125 million, the average cost to litigate a patent infringement is roughly double that.

Due to the high cost of patent, copyright, and trademark litigation, it is wise to take precautions to prevent future litigation. Hiring an IP attorney can help make sure you have all the necessary documentation, licensing, and evidence to prove your ownership of the property. Before filing a claim, you should work together with your attorney to create a realistic budget and a comprehensive strategy. You and your attorney should work to develop an amicable relationship with the defendant. Fostering cooperative relations with the defending party could allow you to settle outside of the courtroom and save on time and expenses.

Patent litigation will always be costly, but working closely with your intellectual property lawyer to develop a realistic budget, tailor expectations, and create a sound strategy can reduce the costs and lessen the time spent in the courtroom. If you have questions regarding an intellectual property claim, call our office to discuss its potential implications.

For US Companies Doing Business Internationally

If you are a US-based business owner and intend to use your intellectual property for international commercial activities, talk with an attorney. You may need to register your trademark abroad and protect it in different trademark jurisdictions. The Patent Cooperation Treaty allows applicants from member counties to apply for patent registration in multiple countries through a single streamlined process. Currently, 148 countries participate in the Patent Cooperation Treaty, and our firm can guide you through the trademark registration process for as many as required for your needs.

In some cases, you may need to begin by filing for a trademark or patent application through the US Patent and Trademark Office. This process can be challenging without legal representation. When you decide to take your intellectual property outside of the country, our firm can ensure you have appropriate intellectual property protection both at home and abroad.

For Non-US Companies Needing IP Protection in the United States

Our firm can help international clients secure the patent protections and trademark registrations they need in the United States to keep their intellectual property safe from misuse. Navigating the procedures of the US Patent and Trademark Office can be very challenging without legal representation. Our team will help you develop your trademark or patent application and help you gather the supporting documentation, records, and international trademarks you may need to support your application.

Cooperation With International Legal Teams

If you operate outside of the US and need to coordinate your international intellectual property proceedings with a US firm, we can help. Many international intellectual property cases require cohesive cooperation between multiple legal teams from different countries. If this applies to your situation, you can rely on the Myers Law Group to strategize effectively with your international legal counsel.

“Freedom to Operate” Clearance Reviews

If you already have an intellectual property or intend to register a new one, you want to ensure there are no conflicting intellectual properties recorded in the territories in which you intend to use your intellectual property. The process of checking for these discrepancies is a “freedom to operate” clearance review. During this process, your legal team will conduct a thorough process of research and record analysis to determine if any trademark conflicts exist with your intellectual property. When the Myers Law Group performs a clearance review for a client, we refer to highly detailed trademark and intellectual property databases. We also consult with international intellectual property legal teams to provide the most comprehensive, detailed, and accurate clearance review to secure the freedom to operate you need for your intellectual property.

Dedicated Legal Assistance for Your International Intellectual Property Matters

When you need legal assistance with international intellectual property issues, it’s vital to have reliable and experienced legal representation in your corner to provide the guidance and legal support you need for your case. You may need to pursue compensation for damages after another party misused your intellectual property, or you may simply need to register your trademark in multiple countries.

You can expect a detailed analysis of your case, scientific research, and credentialed experts to weigh in on your international intellectual property matter when you work with the Myers Law Group. Even when your global intellectual property issue is highly complex and uncertain, we can provide the guidance and reassurance you need to approach your legal matter with greater confidence.

One of the best benefits of working with an international intellectual property attorney is the ability to reference the materials and research gathered during your legal matter for future strategizing. For example, if you are planning to take your business into a new international market, the initial clearance reviews your attorneys perform for your intellectual property could reveal potential risks and opportunities for your future expansion plans. Your international intellectual property filing could potentially set the stage for you to take your intellectual property all over the world with complete assurance that your property is fully protected in every territory where it is used.

Why Do I Need an Attorney?

Intellectual property law in the United States alone can be difficult to navigate without the help of an experienced attorney. When you need to take your intellectual property matter to the international level, the process is far more detailed and may be difficult to navigate due to cultural and language barriers. If you face an intellectual property issue that extends beyond the borders of the United States, it is even more essential to have reliable legal counsel on your side. Your attorney can help you uncover aspects of your case you have not considered, or they might assist you in developing a more comprehensive trademark application to streamline your interactions with the Patent Cooperation Treaty’s member countries.

Hiring an experienced international intellectual property attorney can help you approach trademark and patent disputes with greater confidence, ensure the future of your brand and business, and help you maximize the potential of your intellectual property on the international marketplace. Ultimately, hiring an international intellectual property attorney can mean an easier time with your current intellectual property matter and a solid relationship on which you can rely in the future if you ever need a lawyers advice concerning international intellectual property laws.

Orange County International Intellectual Property Filings Attorneys

It’s natural to be confused and daunted by the complexity of intellectual property filings abroad. The right attorney can help you manage your international intellectual property matters and ensure the protection of your property in every territory in which you intend to use it. Our firm is ready and able to handle the most difficult international intellectual property cases. At The Myers Law Group, our intellectual property attorneys are experienced with IP filings throughout the world. Contact us online or call us at 888-415-4373 for more information.

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