Intellectual Property (IP) is the foundation of many businesses. It is a valuable asset that you should protect for your business to succeed. It is vital to work with an experienced Intellectual Property Lawyer (IP Lawyer) to protect your IP.
A lawyer specializing in intellectual property law will help you prepare and execute applications for various IP rights, including artwork, industrial designs, patents, and trademarks. They will also advise you on a wide range of rights accorded by the IP Law, IP portfolio management, and regulatory compliance.
This article explores some of the most common situations in which you will need the services of an Intellectual Property Lawyer.
You Want to File a Patent
Through a patent, the Canadian government gives you the right to prevent others from creating, using, or selling your invention from the day you receive the patent to a maximum of 20 years after the day you filed your patent application.
While you can file a patent for your invention yourself, it is not always the best idea. Writing and filing a patent is a complex process. You’ll need to spell out all the technical details of your invention while protecting your vision.
Even if your innovation is technically straightforward, filing a patent yourself can be risky due to the complexity of patent law. If you have done all the work of inventing something and are ready to file a patent, you will need to hire an intellectual property lawyer to help you file a patent.
It is worth noting that not every lawyer can file a patent. Any lawyer filing a patent for an inventor must pass a test and get accreditation from the patent office.
You Doubt if Your Invention Qualifies
To get a patent for your invention, you should prove that your idea is unique and different from any other on the market. Unfortunately, not all content qualifies for a patent. Nothing can be more frustrating than spending a fortune and lots of time on a patent application that ends up rejected.
An experienced intellectual property attorney can help you determine if your idea qualifies for a patent. In addition, the attorney can help you determine if an existing product would complicate your chances of getting a patent. Furthermore, they can help you file an application that outlines your product’s uniqueness.
You Have a Unique Way of Doing Things
If you work in a field where you do things in a way that is unique to you, you may need an IP lawyer. For example, you could be an interior designer, and you have developed a technique for doing your designs that is different from any other interior designer.
In that case, you need to protect your technique to prevent your competitors from using it. Again, an intellectual property lawyer can take steps to protect your process from imitation or theft.
You are Short on Time
Canadian government grants patents on a “first-to-file” basis, not “first-to-invent.” That means you need to prepare and file a patent application as early as possible. You don’t want someone to come up with the same idea and beat you at patenting it.
You should realize that inventors submit hundreds of thousands of patent applications each year. As such, there is a chance that there could be an idea similar to your own. Therefore, to have your invention protected as soon as possible, you should have an expert help you with the patent application process.
You should find an IP lawyer with years of experience in patent applications. Such a lawyer will identify potential hurdles and increase your chances of success with your patent application.
An experienced IP lawyer will have the skills to navigate the patent system efficiently. They may even know who to contact to speed up the patent application process of getting proper protection for your invention.
You are a Freelancer
Many freelancers make the mistake of undervaluing their ownership over the work they create for clients. How you grant your clients right over your Intellectual Property can severely impact your career and revenue. If you freelance long enough, the chances are high that someone will steal your intellectual property.
They may use your design without your permission, plagiarize your web content, or pass any of your works as their own without paying you. Using your work without paying you violates your IP rights.
An intellectual property lawyer will advise you about intellectual property and help protect you from intellectual property theft. If anyone infringes on your IP rights, the lawyer will also help you sue them.
You Want to Determine Your IP Portfolio Value
One of the critical steps to protect your intellectual property is to put a price tag on it. An intellectual property lawyer can help you determine the value of your intellectual property. Your IP lawyer will consider various factors to compute the value of what you have in your IP portfolio.
These factors often include costs and requirements. The value of your IP will depend mainly on its nature and location. While your IP lawyer may only do the estimate, it is still essential to have an estimated IP value.
You can also hire an expert to get the precise amount you have spent on your intellectual property.
Someone Has Accused You of Infringing Their Patent
We’ve already mentioned that one reason to obtain a patent is to prevent others from using your ideas or works without your consent. As a patent holder, you have the right to take legal action against those you believe have infringed on your IP.
However, in developing a new idea, you may unknowingly infringe on an already existing patent. Therefore, if you are getting sued for violating a company’s or individual’s intellectual property, you should not hesitate to consult an intellectual property attorney.
The lawyer will review the claims made against you and prepare a legal strategy to see you through the patent litigation process successfully.
You Need Expert Advice on IP Laws
Being familiar with intellectual property laws is not enough if you want to protect your intellectual property effectively. IP lawyers are experts in every aspect of intellectual property law and the consequences of breaking that law.
Besides representing clients during IP litigation, they also advise clients on their IP rights. By having an intellectual property lawyer with expert knowledge and experience in intellectual property rights, you will have an easy time legally defending your IP rights.
Having an IP lawyer by your side is an excellent business strategy. After working hard on your ideas, inventions, and designs that make you stand out from your competitors, an IP lawyer will help ensure that no one else misuses or benefits from your works without paying you or securing appropriate permissions.
Creating a new invention can be a complex, expensive, and time-consuming process, so you want to ensure it gets proper protection. Knowing when to hire an intellectual property lawyer in Toronto can help ensure that no one infringes on your IP rights and that your patent and trademark application process goes as smoothly as possible. So contact an intellectual property lawyer in Toronto today to get started with protecting your intellectual property.