Minneapolis Intellectual Property Lawyer

Intellectual Property Protection

Intellectual property refers to a broad range of intangible creations that include inventions, various artistic works, and names, phrases, symbols and designs that are used commercially. Intellectual property law grants certain exclusive property rights rights to creators of original works – a form of a temporary or limited monopoly.

Intellectual Property rights are granted through three primary legal processes: patents, trademarks and copyrights. A patent applies to a specific product design or processes, methods and inventions that are "novel," "non-obvious" and "useful." Patent requirements are complex, and patent protection requires a full and detailed public disclosure of the work, precluding trade secret protection of the same work.

A trademark refers to a name, phrase or symbols that represent a product or service that identify and distinguish it from others in the marketplace. There are various categories of trademarks, each afforded different levels of protection.

A copyright applies to creative expressions which range from music, art and literature to computer software programs. Copyright protection gives the copyright holder the exclusive right to copy, modify, publicly distribute, display or perform the protected work.

Licensing defines the terms for using another’s protected property, be it a patent, copyright or trademark. Correctly drafted licensing agreements are an extremely important legal component in the distribution of creative works and the protection of ideas.

Trade Secrets – certain confidential information, ideas or processes not protected by law in the same manner as patents or trademarks – can and should be protected through the use of well-drafted non-compete and non-disclosure agreements with employees, vendors, and potential business partners.

Contact Experienced Intellectual Property Attorneys

As all methods of protecting intellectual property rights have limitations and are subject to complex laws, it is crucial to work with legal counsel experienced in the various classifications and systems involved. To discuss the protection of your intellectual property portfolio in the U.S. and abroad, contact the Minneapolis intellectual property lawyers of the Skjold ▪ Barthel law firm by calling 612.746.2560.