New York Intellectual Property Lawyers
Why Hire an Intellectual Property Lawyer?
Intellectual property is a trademark, patent, copyright, or trade secret that's the result of creativity by an individual, company, or corporation. However, rivals or competitors may try to steal this information or claim it as their own. In these situations, an intellectual property lawyer is the only thing standing in their way. Reasons for hiring an intellectual property attorney include:
- Filing a Patent
- The best way to protect your intellectual property is by filing a patent. A patent proves that you were the first to conceive a particular idea. Filing one isn't always as easy. By hiring an attorney, they can file the patent on your behalf, leaving no doubt as to the origin of a particular invention or idea.
- Protecting Your Trademark
- If you have an easily identifiable trademark for your business, it allows customers to recognize you and buy your products. However, rival companies often come up with similar packaging or logos to convince consumers they have the same quality products. Intellectual property lawyers are often trained in cease and desist letters, as well as pending litigation to ensure that no one fraudulently takes your trademark.
- Knowing the Law
- Like many other types of business assets, the laws regarding intellectual property are always changing. Many cases go to the Supreme Court, either upholding the current law or changing the status quo. This means that you need someone who has the knowledge to avoid any potentially messy situations. They'll also have the ability to inform you on subjects like "first to file" or others.
- Dealing with Issues Early
- The earlier you consult an intellectual property attorney, the better chance that you won't hit any snags in the future. If there are any issues, intellectual property lawyers can help to circumnavigate any pitfalls. They can also tell you what is and isn't intellectual property so you don't waste any time filing for a patent, trademark, or scrapping an idea.
- Time and Experience
- Even if you enjoy studying and learning the ins and outs of intellectual property law, nothing makes up for experience. When you have an attorney who's dealt with this law for years, they can handle the process quickly from start to finish. This frees up time for you to carry on with your project.
How to Find the Best Intellectual Property Lawyer
The information age has made hiring an intellectual property lawyer a necessity. Before this time, litigation and other issues were rare. Today, more and more schools require aspiring lawyers to take intellectual property classes. However, that doesn't always translate to locating the best one. To find the best intellectual property attorney, look for:
- More than anything else, experience is the best attribute to find in an intellectual property lawyer. They've dealt with trademark infringement, patents, and litigation that could help you through tough times.
- Use resources to narrow your search
- Narrowing your search is one of the most difficult aspects. You need someone with experience, knowledge, and proximity to your location. In New York, one of the most vital resources is the New York Intellectual Property Law Association. This group of 1,500 lawyers has some of the most experienced and well-versed lawyers in the New York metro area. It's a great place to start if you aren't sure who to hire.
- Gather some referrals
- Another way to find the perfect intellectual property lawyer is by gathering some referrals from others in your line of work. If they've had patents or trademarks, chances are they know a few people who are good at what they do. You could also ask a lawyer that works in another field who they might know in the intellectual property realm.
- Look for credentials
- Even if an intellectual property lawyer has experience in the field, that doesn't mean they're the best for the job. To ensure you're hiring the best quality, take a look at their credentials. Attorneys who know intellectual property the best may have advanced degrees and board certifications that show they are who they say they are.
- Check their background
- Checking an attorney's background will provide peace of mind before you decide to hire. If they have any disciplinary action from the New York Bar Association, they may not be the best choice for your intellectual property concerns.
Questions for an Intellectual Property Lawyer
Once you've found the ideal candidate, your work isn't done. During your initial consultation or meeting make sure to ask them a few of these questions.
- Are you registered with the U.S. Patent and Trademark Office (USPTO)?
- If you have to file a patent or you're involved in litigation, you want an attorney that's registered with the USPTO. Most of the time, this requires them to have a bachelor's degree or experience in science or technology, giving them the knowledge necessary to represent you.
- Will you be handling my case?
- In larger firms, many attorneys pass off smaller cases to junior attorneys and paralegal staff. Ask this question to make sure that they're taking care of your business.
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Legal Services Offered by Our On-Demand New York Intellectual Property Attorneys
Our New York intellectual property attorneys & lawyers can help you secure and protect your company’s intellectual property. Whether you are an entrepreneur, artist, author, engineer, manager, or individual – the IP attorneys on UpCounsel have you covered.
There are four common areas of intellectual property, which all protect different things such as: copyrights, trademarks, patents, and trade secrets. Additionally, licensing is a popular enough specialization of IP that warrants mentioning.
Our New York IP attorneys that specialize in licensing can help you draft contracts that grant permission to another party to do something with an otherwise protected work or product. A license can grant the right to reproduce the work by: distributed copy of the work to others by rental, sale, or lease, or preparing derivative works using protected expression from the original work, and/or displaying the work.
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