Crash Course on Intellectual Property Law

Intellectual property law is broken down into four main areas:patent, copyright, trademark, and trade secret.

Here’s a crash-course on each, and how we can help you protect all varieties of your intellectual property:

Patent Law
Under federal law (35 USC §101) the categories of patentable inventions include: “any process, machine, manufacture, composition of matter, or improvement thereof.” A typical example of something that is patentable is an invention of a new technology. When Thomas Edison invented the light bulb, he patented it.

What rights does a person gain when he gets a patent?
A patent grants the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention for 20 years from the date the patent application was filed.

How can iVLG help me with patents?
iVLG will help guide you through the patent process. Our attorneys can help you determine if your intellectual property is patentable, and we associate with experienced and diligent patent attorneys to help you secure a patent. We also provide litigation and dispute resolution services if you believe your patent is being infringed upon or if you are the subject of a patent law suit.

Copyright Law
What kind of intellectual property can be protected by a copyright?
The subject matter protectable by copyright spans a broad range of literary and artistic expression, including literature, song, dance, sculpture, graphics, painting, photography, sound, movies, and computer programming. Ideas themselves are not copyrightable, but the author’s particular expression of an idea is protectable. Examples of a copyrightable work range from smartphone and computer applications to product manuals, labeling, and business presentations.

What rights does someone gain when they get a copyright?
An owner of a copyrighted work has the exclusive right to (1) make copies, (2) prepare derivative works, (3) sell and distribute the original and all copies or derivative works, (4) perform and display the work, and (5) moral rights, including attribution rights and the right to prevent distortion. Like most laws, these copyright protections are subject to some exceptions. For instance the copyright statute allows for the “fair use” of copyrighted material. Examples of fair use include among others criticism, news reporting, and scholarship.

How can iVLG help me with copyrights?
iVLG can assist you in registering the copyright, as well as protecting and enforcing copyrights. Additionally we offer litigation and dispute resolution services to clients who are subject to a copyright infringement claim or wish to prosecute such a claim.

Trademark Law
What kind of intellectual property can be protected by a trademark?
Trademarks, service marks, trade names, and trade dress are all protected under federal law. Words, phrases, logos and symbols, company names, product names, slogans, phrases, and design are some of the common marks that are protected under the Lanham Act. An example of a trade name is “Nike”, and an example of a trademark is the Nike Swoosh.

What rights does someone gain when they get a trademark?
A trademark holder has the right to bring a cause of action against any infringement on a mark. (15 USC 1114). The two main causes of action are likelihood of confusion, and dilution. The basic idea is that an owner of a trademark can sue another for using a mark that is likely to cause confusion among consumers or otherwise impact the owner’s brand.

How can iVLG help me with trademarks?
Our lawyers register trademarks, as well as implement and execute strategies to protect against infringement of trademarks. Additionally, we offer litigation and dispute resolution services to clients who are subject to a trademark infringement claim.

Trade Secret Law
What kind of intellectual property can be protected by trade secret law?
Unlike other types of intellectual property, trade secret law is primarily governed at the state level. Under Washington Law (RCW 19.108.010) a “trade secret” is information that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

What rights does someone get from trade secret protection?
An owner of a trade secret has the right to prevent the use of the trade secret if it was acquired by improper means. The basic idea is that if someone steals your trade secret, you may be entitled to the following remedies: (1) stopping them from continuing their use of the trade secret, (2) receiving royalty payments from the wrongful use of your trade secret, and (3) damages for loss and unjust enrichment. (See RCW 19.108.020, RCW 19.108.030.)

How can iVLG help me with trade secret protection?
Our attorneys can provide advice on how to structure your processes to properly protect your trade secrets, as well as litigation and dispute resolution services to clients who have a trade secret claim or may be subject to a trade secret claim.