Ask An Expert: Your intellectual property law questions answered by Hartman Global IP

Hartman Global Intellectual Property Law helps its clients protect copyrights, laws, and patents. With experience across industries including medical and healthcare, retail and distribution, materials, sciences, and processes, Internet of Things (IoT), computer technology, and more, Hartman Global partner Domenica Hartman sat down with GreatNews Life to answer common questions about the protection of these three things.

Q: How do I protect my business idea or invention?

A: The absolute best avenue is to secure a federal and/or international copyright, trademark, and/or patent depending on if it is an idea or invention as soon as possible.

Q: What is the difference between a patent, a trademark, and a copyright?

A: A patent is a property right granted to an inventor in exchange for the inventor’s disclosure of his/her invention. Patents cover the manifestation of an idea.  A trademark is a word, slogan, logo, design or combination of words, logos, and/or designs that serves to identify and distinguish the goods or services of one party from those of another.  Trademarks speak to the branding of goods and/or services.   A copyright protects the creative elements of original “works” of authorship that are fixed in tangible form, such as literary, musical, dramatic, pictorial, graphic, sculptural, audiovisual, and architectural works.

Q: Do I really need an IP lawyer?

A: Yes. The process of securing a patent, trademark, and copyright is intricate and associated with many legal nuances.

Q: What happens if someone steals my idea?

A: This is yet another reason to have an IP lawyer. If anyone attempts to take your invention or idea, an IP lawyer can step in and help you. Securing your patent, copyright, or trademark alongside an IP lawyer can prevent this altogether.

Q:  How do I protect my idea before filing a patent?

A:  Do not disclosure your idea prior to filing a patent application.  A U.S. patent grants its owner the right to exclude others from making, using, selling, and offering the patented invention within the U.S.

Q: How long does protection last?

A: Once secured, copyright protection essentially lasts past your lifetime; trademark protection requires timely renewals and can be indefinitely, and patent protection is good for twenty years from the filing date of the patent application.

Q: Can I protect my software?

A: Yes, you can protect your software as long as it is original work or an original invention, generally via copyright and/or patent protection.

Q: Do I own the IP created by my employees?

A: Depends on if there is an Assignment of rights between the employer and employee.

Hartman Global is here to help their clients succeed and secure their patents, copyrights, and trademarks. They secure around 100 each year for their clients. Reach out to the Hartman Global IP team at (219) 462-4999 or hartmanglobal-ip.com/services/patents.