Abogados de Intellectual Property

Intellectual Property Lawyers in the United States

Intellectual property accounts for over $6.6 trillion in value across the U.S. economy. Protecting ideas, inventions, and creative works requires legal knowledge that most people and businesses simply don't have. An experienced IP lawyer helps you secure rights, enforce them, and defend against infringement claims.

What Intellectual Property Law Covers

Patents protect inventions and new processes. Trademarks cover brand names, logos, and slogans that distinguish goods and services. Copyrights apply to original creative works like music, software, writing, and visual art. Trade secrets protect confidential business information that gives a company a competitive edge.

IP law also covers licensing agreements, domain name disputes, and non-disclosure agreements. Infringement cases — where someone uses your protected work without permission — fall squarely in this area. So do disputes over ownership when multiple parties claim rights to the same creation.

When to Hire an Intellectual Property Lawyer

• You've invented a product or process and need to file a patent application with the USPTO
• Someone is using your trademark, brand name, or copyrighted material without authorization
• You've received a cease-and-desist letter alleging that you are infringing on someone else's IP
• You want to license your intellectual property to another company and need a solid agreement
• A former employee or business partner is misusing your trade secrets

How the IP Legal Process Works

The process depends on whether you're registering IP, enforcing it, or defending against a claim. For patents, your lawyer conducts a prior art search, drafts the application, and works with the USPTO through what is often a multi-year examination process. The average patent takes about 23 months to issue.

Trademark registration moves faster, typically completing within 8 to 12 months. Copyright registration can take as little as a few months. Enforcement actions start with cease-and-desist letters and may escalate to federal court litigation if the other side doesn't comply.

Many IP disputes settle before trial. Your attorney will assess the strength of your position, gather evidence of infringement, and pursue the best resolution — whether through negotiation, mediation, or a courtroom fight.

How Damages Are Calculated in IP Cases

• Lost profits — the income you would have earned if not for the infringement
• Reasonable royalties — what the infringer would have paid for a license to use your IP legally
• Disgorgement of profits — the infringer's actual profits attributable to the unauthorized use
• Statutory damages — fixed amounts set by law, particularly in copyright cases, ranging from $750 to $150,000 per work infringed
• Injunctive relief — a court order forcing the infringer to stop using your intellectual property

Frequently Asked Questions

Do I need a patent to protect my idea?

An idea alone cannot be patented. You need a concrete invention — a specific product, method, or design. Your lawyer can evaluate whether your concept meets the USPTO's requirements for novelty, usefulness, and non-obviousness before you invest in an application.

What's the difference between a trademark and a copyright?

A trademark protects branding elements like names and logos used in commerce. A copyright protects original works of authorship such as books, songs, and software code. You can hold both on different aspects of the same product — for example, a software company might trademark its name and copyright its source code.