From literary work to computer programs, you have the right to protect your intellectual property. That being said, laws pertaining to patents, trade marks, copyright and so on are not straightforward. To ensure you understand IP laws and how to follow the steps to secure your rights, it’s crucial to seek legal advice from intellectual property lawyers.
As a first step, you need to make sure you are hiring an experienced lawyer specialising in intellectual property law. Here’s everything you need to know about finding a suitable lawyer for your requirements.
- Check Their Experience
Claiming infringement or obtaining a trade mark requires expertise in the law as well as knowledge in the relevant technology. You can’t choose a lawyer that has no idea how intellectual property rights operate or how your industry works or what your technology means. The lawyer should have a experience in Intellectual Property and experience in the relevant field to provide you with useful legal advice. Go for a lawyer who is able to fully understand the technicalities of your invention. - Don’t Go For the Cheapest Option
Finding a suitable lawyer for your requirements can take time. So don’t rush the process and choose the first lawyer you come across. Moreover, the cheapest option is not necessarily the best one. A higher fee might imply better competency and efficient services. It is important to consider all factors and take them into consideration rather than just looking at the hourly rate. - Discuss Their Strategy
A well-thought-out strategy plays a key role in securing a trade mark. Ideally, the lawyer should discuss your need for obtaining a trade mark for your intellectual property and accordingly provide you with different options that offer the best value within budget. - Look for High Success Rate
There are so many lawyers out there and narrowing down your options can seem impossible. An easy way to find experienced lawyers is by looking at their success rate and awards. You are better off with a recommended expert with a success rate that’s higher than the industry average. - Ask for an End-to-End Cost Estimate
Obtaining a trade mark is a long process, which usually takes a some time. Typically, trade marks can take over 6 months to be granted but can be renewed for 10 year periods at a time. There are also alot of steps in obtaining a trade mark and lawyers charge differently. That’s why it’s imperative that you ask the lawyer about a cost estimate for obtaining grant of a trade mark. This will help you determine if you can afford to go ahead with the trade mark process and what fees and charges are involved. - Enquire About Foreign Filing
There is no such thing as a worldwide patent or trade mark. If you want to protect your innovation or trade mark in a different country, you need to obtain a patent or trade mark in those countries. Do you want to file a patent or trade mark in foreign countries? If that’s your requirement, you should look for a law firm that also specialises in filing patents and trade marks in other countries. - Determine Your Litigation Needs
Just filing a patent or trade marks is not enough to enforce your intellectual property. You need to monitor the marketplace for infringement of your rights and particularly watch your competitors. And if you do find an infringement, you will need a lawyer for advice on your rights, sending a cease and desist and to take further legal action.
Final Words
You are putting your life’s work in the hands of an intellectual property lawyer. Take your time and do your research to find the right fit.
