Intellectual property lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What intellectual property lawyer is

An intellectual property lawyer provides information on protecting inventions, brands and creative works, and may handle registrations, licensing and disputes. Founders and creators look for one when ideas, names and content are central to the business. General information only, no outcomes promised.

Signs you need it

  • You are launching a product that includes an invention, a brand and original content
  • A competitor appears to be copying your product or branding
  • You received an infringement letter and are unsure which right is claimed
  • You are signing a license or an agreement that transfers ownership
  • Employees or contractors helped create your product
  • You are raising money and investors ask about ownership of your ideas

What the pro does

  • Identify what you created and which kind of protection may relate to it
  • Explain, in general terms, the differences among patents, trademarks, copyrights and trade secrets
  • Review agreements with employees and contractors for ownership terms
  • Coordinate filings with the right office for each type of right
  • Draft and negotiate licenses
  • Send or respond to demand letters and handle disputes

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Number and type of assets to protect
  • Whether several kinds of rights are involved
  • Whether the work includes a technical invention
  • Whether you need searches before filing
  • Whether the matter is a transaction or a dispute
  • Whether rights are needed in more than one country
  • Whether the dispute goes to court

What a written quote should spell out

  • Which rights and assets are covered
  • Whether filings and searches are included
  • Government fees listed separately
  • Whether agreement drafting is included
  • How disputes would be billed

Questions to ask before you hire

  • Which kinds of protection might relate to my business?
  • Who owns what my contractors created?
  • Do you handle patents yourself or coordinate with a specialist?
  • What should I keep confidential and how?
  • How do you handle an infringement claim against me?
  • Can you review investor questions about ownership?

Red flags

  • A lawyer who promises that filings will be approved
  • A generic package for every client without asking what you created
  • Advice to copy a competitor's design
  • No written fee agreement

What you can do yourself

You can list what you created, who helped, when it was made and how it is used. Keep dated records and use confidentiality agreements when sharing details. Choose what to file with the help of a licensed attorney, since different rights have different rules and deadlines.

Licenses and permits

Intellectual property lawyers must be licensed attorneys in good standing. Patent work also requires registration with the patent office. Check both where relevant.

Intellectual property lawyer questions

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

In general, patents relate to inventions, trademarks to names and logos, and copyrights to creative works. A licensed attorney can explain how they apply to you.

Do I own what my contractor made?

Not automatically. It depends on the written agreement and the law.

Can a lawyer guarantee protection?

No. Agencies and courts decide.

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