Intellectual Property Law, or IP, is composed of three primary fields: patents, copyrights, and trademarks. IP continues to expand as intellectual property claimants become even more sophisticated in protecting what they have created. Therefore, trade secrets, publicity, and even privacy notions are now used to protect intellectual creations.
Patents in the United States are obtained only by applying to the Patent and Trademark Office (PTO) in Washington, D.C. The scope of patent protection was originally limited to novel inventions of a mechanical nature. Today, patents are being granted related to cell lines, methods of doing business, DNA sequencing techniques, and even golf swings. The patent right is a broad one. Any party who works the claimed invention is liable for damages to the patentee even if they were unaware of the patent. Although it may take two or more years and several thousand dollars to secure a patent, the expansive rights granted to the patentee encourage applications.
What should I do if I want to become a patent attorney?
Trademarks in the United States identify the source or origin of a good or service and are protected by common law for as long as the first user uses the mark and to the extent they use the mark. That is, trademark rights in the United States are based on use, not on registration. Although there are very important evidentiary reasons to register a trademark, registration is not required. Trademarks in the United States are defined broadly. Therefore, any word, name, symbol, or device that comes to identify the source or origin of a good or service may be protected as a trademark. Famous examples of word marks are Coke Cola or McDonald’s; however, "marks" such as the plumeria scent of thread, or the sound of MGM’s lion roaring have also obtained trademark protection.
What should I do if I want to become a trademark attorney?
Copyrights are created whenever someone "fixes" (writes down, records, etc.) some original expression. Like trademarks, registration is not required (although, like trademarks, important evidentiary advantages are gained by registration). Therefore, a copyright subsists in any tangible expression as long as it is fixed in a medium by which it can be perceived by others. Originally, copyrights were only granted for some books. Today, copyrights are recognized in movies, dances, music, characters, etc.
What should I do if I want to become a copyright attorney:
Corporate attorneys represent companies in the day-to-day transactions of that company's business. A corporate attorney's practice is varied. Mergers and acquisitions, standard sales contracts, international contracts and distribution agreements, and labor law are all popular areas of expertise or practice experience for corporate attorneys.
What should I do if I want to become a corporate attorney with some knowledge of IP?
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