Patents, Copyrights, Trademarks & Trade Secrets
Intellectual property includes patents, trademarks, copyrights and trade secrets (or confidential information). These types of intellectual property are defined as follows:
- A patent is a property right granted by the United States Patent and Trademark Office that confers upon the inventor or assignee of an invention the sole right to stop others from making, using, and selling that invention for a set period of time.
- A federal trademark is a distinctive name, symbol, or other device identifying a product, officially registered and granted by the United States Patent and Trademark Office, which legally restricts sole use to the owner or manufacturer. The State of Wyoming also allows registration of trade names and trademarks.
- A copyright is legal right obtained by an artist, typically an author, composer, playwright, publisher, or artist to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.
- A trade secret is secret formula, method, list or device that gives one individual or business an advantage over their competitors.
Schwartz, Bon, Walker & Studer, LLC, prosecutes patent and trademark applications with the United States Patent and Trademark Office (USPTO). This means that inventors and business owners receive advice regarding how to obtain and secure their inventions and business marks or product names. Schwartz, Bon, Walker & Studer, LLC, attorneys assist in obtaining legally recognizable rights through preparing patent and trademark applications and further interacting with the USPTO examiners to secure acquisition of those property rights. Additionally, Schwartz, Bon, Walker & Studer, LLC, attorneys prosecute copyright applications through the Library of Congress to assist artists in protecting their copyrighted material. Schwartz, Bon, Walker & Studer, LLC, attorneys draft and secure trade secret and confidentiality agreements between multiple companies and between employers and employees and/or contractors.
Schwartz, Bon, Walker & Studer, LLC, attorneys litigate and negotiate intellectual property rights to protect and expand a client’s intellectual property rights. Patent, copyright and federal trademark litigation typically occurs in federal court, which has exclusive jurisdiction with regard such intellectual property matters. State and common law trademarks and trade secrets may be litigated in state or federal courts, depending on the types and complexity of issues. Certain trademark and patent rights may be litigated through ex parte and inter partes procedures before the USPTO. Schwartz, Bon, Walker & Studer, LLC, attorneys also handle litigation regarding publication or loss of trade secret information and breach of confidentiality agreements.
Schwartz, Bon, Walker & Studer, LLC, attorneys have the ability to assist their clients, both individuals and companies, in order that they obtain, secure and defend all forms of intellectual property rights.