What Do Intellectual Property Lawyers Do?

Intellectual property law (IP law) protects the creations, inventions, and brand identities that businesses and individuals develop. Legal protections ensure others can’t use or profit from them without permission. It covers copyrights, trademarks, patents, and trade secrets—each designed to protect different types of creative or innovative work.

Legal issues can arise when competitors try to steal trade secrets or use creative works without permission. Small businesses use intellectual property lawyers for business legal services and intellectual property law.

An IP attorney assists with a business’s intellectual property legal needs. These legal professionals can focus on several aspects of intellectual property, including:

• Copyright law
• Patent law
• Trademark applications
• Licensing agreements

This article overviews what an IP lawyer can do for you and what to look for when hiring one.

Types of Intellectual Property Law

Intellectual property law allows artists, inventors, and creators to profit from their creative works or new products. Copyrights and patents allow artists and inventors to prevent others from selling their creations.

There are four types of legal services an intellectual property lawyer gives legal advice on:

1. Copyrights

Copyright protection happens at the creation of creative works in a fixed medium. Federal registration of the work happens through the United States Copyright Office. Intellectual property attorneys sue people or businesses for copyright infringement.

2. Trademarks

Trademarks are symbols of vendors, such as brand names or logos, that allow consumers to easily distinguish one vendor from another. Service marks are unique brand names or logos that identify a service, not a product. Trademark infringement cases are legal actions brought under trademark law.

Federal protection is granted only if the United States Patent and Trademark Office (USPTO) approves the application. These cases happen when a competing business or person uses the mark protected by trademark registration without permission.

3. Patents

The USPTO issues patents for new, novel, and non-obvious inventions, processes, or manufacturing. Only patent attorneys or patent agents submit patent applications to the USPTO.

4. Trade Secrets

These involve a manufacturing process kept secret from the rest of the world. Manufacturers work to keep their operations secure so that no one else can duplicate them.

What To Ask Before Hiring an IP Attorney

One size does not fit all when picking out your company’s lawyer. Here are some questions to consider before signing a retainer contract with an attorney:

• How are fees paid? Some lawyers ask for payment in full before they begin work. Others will accept payment plans with a deposit up front. Knowing what the attorney expects is essential so you can budget for it.
• Can you pay with cash, credit card, or online payments? If your start-up is not flowing with cash, you can connect a credit card or Venmo to pay your invoices.
• Is the attorney billing hourly or at a flat rate?
• What is the attorney’s hourly rate?
• Has the lawyer handled all types of intellectual property, or do they focus on one area, like patents?

Finding an Intellectual Property Attorney

It’s beneficial to meet with a lawyer to register trademarks, discuss patenting new products, or register copyright for social media content. They can help you understand your options and how to protect what you have worked to create.

Do your due diligence and research potential lawyers who best fit your business needs. Patent lawyers, trademark attorneys, and copyright lawyers all fall under the umbrella of intellectual property attorneys. However, IP attorneys may have different specializations.

Because state law is relevant, your attorney should be licensed in your state. FindLaw’s directory of intellectual property attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Many law offices offer free case evaluations.

Intellectual Property Law: Related Practice Areas

Once you have a client relationship with an intellectual property lawyer, you can use them to protect your work. The following are common legal areas that IP often overlaps with:

• Entertainment, sports, and leisure law: Nearly every artist, actor, or filmmaker must copyright their work or negotiate licensing or work-for-hire contracts.
• Corporate and business law: Many intellectual property owners are corporations or businesses that own rights to their employees’ work. A nondisclosure agreement is a contract that bars one party from disclosing trade secrets to anyone else. These lawyers also negotiate work-for-hire clauses in employee or contractor agreements. A work made for hire is a creation that an artist made while working for someone else and owned by the employer.
• Cyberlaw: The internet’s ability to copy and distribute work raises new challenges to IP law.
• First Amendment law: Copyrights and patents sometimes impede the free flow of information and ideas.
• Real estate law: You may buy land to build a warehouse or new corporate headquarters.