Here are some the most Frequently Asked Questions we receive from clients.
What is Intellectual Property?
Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law. While these rights are not actually property rights, the term “Property” is used because they resemble property rights in many ways. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as discoveries and inventions (patents, industrial design rights and trade secrets); words, phrases, symbols, and designs (trademarks); and musical, literary, and artistic works (copyrights).
What is the difference between Patents, Trademarks, and Copyrights?
- Patents protect inventions, and improvements to existing inventions.
- Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.
- Service Marks
- Service marks include any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
- Copyrights protect literary, artistic, and musical works.
Will the information I give to you be held in confidence?
Most disclosures you make to me will be considered “attorney-client privileged”. This is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential. The attorney-client privilege is one of the oldest recognized privileges for confidential communications. The United States Supreme Court has stated that by assuring confidentiality the privilege encourages clients to make “full and frank” disclosures to their attorneys, who are then better able to provide candid advice and effective representation.
What will be my costs?
Generally, initial consultations are free, unless there are some special circumstances that require a fee, e.g., travel, preparation, etc. During the initial consultation, we will outline the overall costs and provide you with an estimate of costs for each step of the process. In many situations, i.e., trademark applications, patent applications, copyrights, initial drafts of contracts, etc., we will provide you with a fixed price for each step of the process. In some situations, e.g., litigations, complex negotiations and contracts, we can only provide an estimated budget.