Frequently Asked Questions

Intellectual property includes patents, trademarks, copyrights, and trade secrets.  A patent is issued by the United States government and grants the patent holder the exclusive right to use or otherwise exploit a specified invention, such as a mechanical product or process, for up to 20 years.  A trademark consists of a word, phrase, symbol, design, or combination thereof that identifies a party’s products or services.  A trademark does not have a fixed expiration date and may be established by use, but registration of a trademark with the federal government provides more protection.  A copyright protects original works of authorship, such as a book, play, painting, or music, and exists as soon as the author fixes the work in a tangible form.  Registering a copyright with the federal government provides enhanced protection.  A trade secret is information the owner keeps secret and is economically valuable as a result of not being generally known or readily ascertainable.  A trade secret is not registered with the government and does not expire.

Woods Fuller has attorneys who can help you obtain a patent, register a trademark or copyright, and maintain and preserve trade-secret information.  We also have attorneys who can help protect and enforce your intellectual property rights through legal proceedings.  Our IP attorneys practice regularly before the United States Patent and Trademark Office (“USPTO”) and have appeared in federal courts in numerous states.

In addition to being highly knowledgeable in IP matters, Woods Fuller provides detailed and prompt attention and service to our clients.  We also provide great value to our clients, as our IP billing rates are significantly below the rates charged by attorneys in larger cities for the same work. 

Having a patent prevents others from making, using, offering for sale, selling, or importing the patented invention, which can provide a competitive advantage in your marketplace.  In the absence of patent protection, competitors can copy your product or process without you having the ability to stop them.  Having the exclusive right to use, make, and sell your invention for up to 20 years gives you time to recoup your costs of innovation and build your business reputation.  Patents are also assets owned by you or your business, which can be sold or licensed to generate additional revenue and value. 

In the United States, a patent application is prepared and filed with the USPTO, and then a patent examiner considers the patentability of the invention.  Often, the filing of a patent application is preceded by a preliminary patentability search to locate patent documents that may prevent the patenting of the invention to assist the inventor in deciding whether to file a patent application.  The application may be in either a provisional or a non-provisional form, depending upon the various licensors for allowing the licensee to use the intellectual property.

Obtaining a federal trademark registration secures nationwide protection of your trademark.  A federal registration provides a legal presumption that you own your trademark and have the right to use it.  Additionally, registered trademarks appear in the USPTO’s online database of registered marks, which reduces the risk of competitors adopting a similar name.  You are also entitled to use the ® symbol, which puts others on notice of your trademark rights.  A federal registration also creates a tangible business asset that may be sold or licensed.  Last, a federal registration can be used as a basis to file for trademark protection in foreign countries. 

To obtain a trademark registration, you need to file an application with the USPTO.  The USPTO  encourages applicants to utilize an attorney for trademark applications.  As your attorney, prior to filing the application, we will perform a clearance search to ensure the trademark does not potentially infringe any other previously registered marks.  In preparing the application, we will help you identify the appropriate classes of goods or services to apply to, confirm that you are able to show the required use of the trademark, and preemptively address issues to avoid potential hurdles.  Current USPTO examination times for new applications are approximately 8 to 9 months, so typically, clients can expect the entire process to take 12 to 15 months.    

Woods Fuller has attorneys who regularly handle trademark litigation when a dispute arises over a trademark.  Similarly, we have attorneys who have appeared in patent-infringement litigation—on behalf of patent owners and accused infringers—in a number of jurisdictions.  Our lawyers also routinely handle trade-secret matters. 

Woods Fuller attorneys regularly prepare and negotiate intellectual-property license agreements. An intellectual-property license agreement is a contract between two parties over the use of intellectual property, including anything covered under patents, trademarks, copyrights, and trade secrets.  A license agreement allows the licensee to utilize the intellectual property owned by the licensor based on whatever terms the agreement states. The agreement provides clear terms on how both parties can use the intellectual property and the compensation or other consideration to be received by the licensor for allowing the licensee to use the intellectual property.