Lincoln Intellectual Property Lawyer

Lincoln Intellectual Property Attorney

Intellectual Property (IP) is an important aspect of the law to understand for both artists and business owners alike. IP law can often be frustrating and confusing to navigate alone. A Lincoln, CA intellectual property lawyer can help you with all aspects of IP law, from initial protective paperwork to defense against infringements.

At Peterson Watts Law Group, LLP, we’ve spent decades representing the people of Lincoln and surrounding cities in Northern California in their intellectual property cases. We have a successful track record. One case we represented resulted in millions for an intellectual property infringement. We can help in your case and fight to find a result you deserve.

What Is Intellectual Property?

Intellectual property refers to the intangible, non-material creations or assets that are unique to a person, group, or company. The term encompasses a wide range of different creations, such as company logos, paintings, a client list, or a new formula. IP falls into the following four categories:

Trade Secrets

California Civil Code §3426 defines a trade secret as any information that derives value from not being commonly known, and with reasonable effort to maintain its secrecy. Examples include lists of customer information, secret recipes or formulas, marketing strategies, software source code, and any other confidential internal information.

Since trade secrets gain value from being unknown, it’s difficult to know how many exist. Common strategies to defend them are Non-Disclosure Agreements (NDA) and other employee agreements that maintain privacy.

Copyrights

Copyright is a type of IP that covers original, authored works that have been created in a tangible way. In 2023, there were 441,526 copyrights filed nationwide. Examples include TV shows, novels, sculptures, albums, dance routines, and other unique expressions. It is crucial to note that ideas or concepts cannot be copyrighted. Copyrights in most cases last the lifetime of the creator plus an additional 70 years.

Patents

Patents cover manufactured products or goods and fall into three groups.

The first category of patent is utility. Utility patents revolve around the invention of a new or improved product, function, process, or material. They focus on the use and functional purpose of a creation. They are the most common type of patent, with 466,079 new patents filed with the United States Patent and Trademark (USPTO) office in 2024.

The second type of patent is a design patent. While utility patents focus on how something works, design patents are for how it looks. Design patents cover any ornamental element of a manufactured good. In 2024, the USPTO received 62,985 design patent filings.

The final subdivision of patents is for plants. These are ways to asexually produce a new variety or species of plant. This is the rarest type of patent, with a few hundred issues each year.

Trademarks

Trademarks are the symbols, slogans, and other distinguishing details that define an entity. They are the most common type of IP, with the USPTO receiving 767,138 trademark applications in 2024. Unlike other types of IP, they require renewals every 10 years.

Hire an Intellectual Property Lawyer

IP law can be a dense and confusing branch of law that can be challenging to handle on your own. Hire an intellectual property lawyer who can help you with your IP needs. Your Lincoln intellectual property attorney can assist with the following:

• Establishing the type of IP required
• Initial filings
• Renewals and maintenance fees
• Draft and send cease-and-desist letters against infringers
• Litigation against infringers

FAQs

What Are the Four Types of Intellectual Property Law in California?

The four types of intellectual property in California are copyrights, patents, trademarks, and trade secrets. Copyrights cover artistic or authored original works. Patents are for new or improved formulas or products. Trademarks are for brand signifiers that make an individual or company stand out. Finally, trade secrets are pieces of information valuable through their secrecy. If you are confused about which category your IP falls under, consult a Lincoln intellectual property lawyer.

How Much Does a California Intellectual Property Lawyer Cost?

How much your IP lawyer costs is based on the services you need, the complexity of your case, and the work hours it requires. A simple copyright filing tends to cost less than a lengthy legal battle against an IP infringement. Another contributing factor is the fee structure, such as hourly, retainer expenses, or flat fees. Your Intellectual property lawyer can use the details of your case to provide an estimate for what your final bill may be.

Can You Lose Your IP Rights if Not Enforced in California?

You may lose your IP Rights in California depending on the type of IP you hold. Copyrights last the life of the author plus 70 years, meaning you don’t have to worry about losing them. Patents require payments at set intervals, which, if paid, you retain. Trademarks expire every ten years and need to be renewed. Trade secrets have no official protection, so they are only lost if learned by others.

What to Do if Someone Is Infringing on Your IP in California?

In Lincoln, California, there are several actions you should take if you discover someone is infringing on your IP. The first is to document the offense and contact your IP lawyer, who can review the evidence. If the signs are clear, your IP attorney can send a cease-and-desist letter, which is an official demand that they stop using the infringing property. If they refuse, you can file a claim against them and negotiate a settlement.

Reach out to a Lincoln Intellectual Property Lawyer

California is one of the financial and cultural capitals of the world, making it essential for many Californians to have their intellectual property protected. Our team at Peterson Watts Law Group, LLP, has the knowledge and experience required to make a positive impact on your IP case.

Contact us today for an initial consultation, where we can learn your story and begin advising you on what next steps you can take in your intellectual property case. You may also visit our Roseville offices, located on Lava Ridge Court off Eureka Road, a few blocks east of Kaiser Permanente Roseville Medical Center.