Every advance in literature, music, art, design, or technology began as someone’s vision.
Every advance in literature, music, art, design, or technology began as someone’s vision. When that vision is expressed and gives birth to a new or improved process, composition, formula, app, software, or image, the originator must take steps to protect that intellectual property, or they can permanently lose control, credit, and any profits generated by their creativity. At Ross & Owens Ross, protecting your intellectual property is our passion.
What Is Intellectual Property (IP)?
Intellectual property (IP) can exist in many forms. It is often described as property consisting of the creations of the mind. But let’s look at it in more concrete terms.
Intellectual property is any intangible, non-physical property to which a person or company has a right of ownership, and which is legally protected against its unauthorized use by others. Examples of intellectual property include things like authored works (music or lyrics, novels, poems, etc.) inventions, logos, trade secrets, computer software designs, business and trade names, domain names.
Some entrepreneurs overlook the unique quality of their intellectual property
leaving it open for exploitation by their competitors or by strangers. We work with clients to:
Trade secrets
A trade secret is something that by definition is not public; it’s secret. It could be a secret recipe used by a large company or even a special process that gives the company a competitive edge in the market. A valuable piece of information that needs to be protected but can’t be made known to anyone, except the owner, needs an IP lawyer to:
• Document its existence in a form that preserves its private nature; and
• Enforce the company’s IP rights if necessary.
Copyrights
A copyright attaches automatically to any original creative work, but registering the work puts the world on notice and creates a public claim to the IP. Registering the work grants the creator the exclusive right to reproduce, create derivative works, distribute, perform, display and record their work. If a contest arises between the creator and another party claiming ownership rights, proving the legal claim is more difficult if the IP was never publicly registered. Copyright applies to a broad range of creative works, including but not limited to:
• Writings
• Website content
• Computer programs
• Music
• Artistic Works
• Original architectural designs
• Motion Pictures or audio
Trademarks
A trademark can be a logo, a design, a phrase, a color, or a symbol that indicates who you and your company are, distinguishing you from all others. When another person uses your trademark or one virtually identical to it without your consent, they are profiting from your hard work and goodwill in the community. Your trademark is like your good name; it is valuable and needs to be properly protected by effective documentation properly filed.
Patents
Another path to protecting an innovator’s IP rights is to apply for a patent. Patents can be acquired for a wide range of inventions, machines, or processes. Patents are granted for, among other things, new drugs, modified plants, vehicle safety mechanisms, and computer software. When deciding whether to hire an attorney, you must consider:
• The complexity of your invention;
• If it is likely to be challenged; and
• How much time you’re willing to spend on the registration process.
Identify these exposed assets within their brand or business
Review, draft, and negotiate contracts involving IP rights; and
Develop a comprehensive, customized protection strategy.
The law recognizes the value of original innovation.
The process of developing and bringing the property into existence usually takes many months of hard work and substantial investment. That effort and commitment are rewarded by the law protecting a creator’s intellectual property rights.
Depending on the nature of the intellectual property
an IP owner can claim rights in the form of a Copyright, a Trademark, a Trade Secret, or a Patent, among others. But acquiring full legal protection is best accomplished by working with an experienced intellectual property lawyer. Engaging an IP lawyer early in the process enables them to draft documents declaring your exclusive rights, filing any applicable government registrations or applications, and even counseling the IP owner about the form of corporate entity that would best serve their interests.
But protecting these rights goes far beyond merely declaring them. As an experienced IP law firm, Ross & Owens Ross advises clients about the best way to:
Use their IP rights
License the use of the property to others for compensation; and
Extend both the IP’s protection and its marketability beyond their local area, even internationally.
Timing is Everything
Timing is everything in IP matters. Failure to prepare for protecting your IP rights, by drafting the required documents and timely filing any registrations is like leaving your life savings on a park bench and walking away. No item of value to you, your business, or your family would be left unprotected if you could help it. The time to protect your IP is from its inception. Ross & Owens Ross can work with you to keep your IP safe and secure while it is marketed and licensed as you choose.
Protect and Assert your IP Rights/Assets
Protecting your intellectual property also requires defending your IP rights from unfounded claims alleging that you infringed another party’s copyright, trademark, or patent. Our experienced IP lawyer at Ross & Owens Ross works across all commercial sectors with individuals, entrepreneurs, and businesses at all stages of development.
Ross & Owens Ross’ Intellectual Property Specializations Include All IP Legal Matters:
Trademarks (Search, Registration, Maintenance, Defense, e.g., Cease & Desist Letters, Concurrent Use Agreements, Statement of Use, Office Action Responses
Patents (Patentability Search and Opinions, Provisional and Nonprovisional Application drafting and prosecution, freedom to operate, white space reporting, and analysis)
Copyright (Registration, Licensing, Assignments)
Ross & Owens Ross explores when you should act and guides you on what action you should take to achieve optimal security for your intellectual property.
Retaining an Experienced IP Attorney
Dawn Owens Ross, Esq., is the firm’s experienced attorney licensed to practice intellectual property law, with specialized training covering all IP needs - from individuals working on a small scale to companies operating regionally and nationally.
As a Registered Patent Attorney, Dawn holds a law degree and an engineering degree. She assists clients every day by expertly drafting, examining, and enforcing patents, trademarks, copyrights, and trade secrets and has extensive experience dealing with complex regulations and procedures used by the Examiners at the U.S. Patent and Trademark Office.
Retaining an Experienced IP Attorney
You made your dream come true through hard work and innovation. Your creation deserves the strongest legal protection available. Don’t wait. Contact Attorney Dawn Owens Ross today for a personal intellectual property consultation at no cost.
