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Areas of Practice

Intellectual Property Law (Patent, Trademark, Copyright)

Our legal system provides certain rights and protections for owners of property. The kind of property that results from the fruits of mental labor is called intellectual property. Rights and protections for owners of intellectual property are based largely on federal patent, trademark and copyright laws and state trade secret laws.

In general, the following types of federal intellectual property can apply to your situation:

(1) Patents protect inventions of tangible things and processes;
(2) Copyrights protect various forms of written and artistic expression; and
(3) Trademarks protect a name or symbol that identifies the source of goods or services (e.g., your business name).

It is important to note that patents, trademarks, and copyrights constitute the basis on which the underlying intellectual property may be protected in law. It is therefore vital that a great degree of skill be exercised in drafting the documents and following the procedures necessary for obtaining such protection.

Trade secret law has both federal and state aspects, and the liability for unauthorized use or disclosure may depends upon the State within which the matter arises. A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business and which gives the owner an opportunity to obtain an advantage over competitors who do not know or use it.

International protection can also be applied for with respect to intellectual property, and Wilcox & Myers, P.C. works with law firms across the globe when the situation calls for such protection.