No, although there can be an overlap. A patent is a type of intellectual property, and intellectual property also includes trademarks, copyrights, and trade secrets. These legally exist and are legally protected under US laws in the same manner as other property. Like real estate, intellectual property can be bought, sold, licensed, used as collateral, passed to heirs after death, subject to bankruptcy, and more. Like real estate, intellectual property is really a “bundle of rights,” including the right to exclusive use, to prevent trespass against the property — called infringement — the right to commercially exploit the property, etc.
Patents are a subset of intellectual property. So, experienced patent lawyers like the ones at Revision Legal are also intellectual property attorneys. But, patent law is a specialized field, and as such, NOT all intellectual property lawyers are equipped to handle patent applications and patent law cases. If you have a patent you want to be filed or have a patent law case, call us at 231-714-0100 or 855-473-8474. We are also top-rated IP lawyers handling trademarks, copyrights, and trade secrets, and we are top-tier IP litigators with a significant record of success for our clients. Here is more information on what a patent lawyer is and how a patent lawyer is different from an IP lawyer.
What is a Patent Attorney?
A patent attorney is an attorney with standard legal training plus additional specialized training that allows a patent lawyer to handle patent applications and patent cases. Patents are legal protections afforded under US law for new inventions. A patent gives the inventor a monopoly on commercial exploitation and other uses of the invention for up to 20 years. There are different types of patents. The most common is a utility patent — for something like a new machine, device, or process. A utility patent is probably what most people think of when they hear the word “patent.” But there are also patents available for plants and for designs. There are extra rules with respect to patenting plants and obtaining design patents.
The extra training obtained by patent attorneys allows them to become specialized in the drafting, filing, and prosecuting of patent applications with the US Patent and Trademark Office (“USPTO”). A patent application is quite complex and must meet the exacting standards of the USPTO. A patent application will involve setting out the “specification” of the invention, spelling out each and every claim, providing drawings (in many applications), and more.
Excellent patent attorneys must also have talent and experience in handling patent-related matters after a patent is granted. These matters include protecting patent rights from infringement, helping in the legal aspects of exploiting the patent, drafting licensing agreements (if others will be allowed to use the patent), patent litigation, and more.
What is an IP lawyer?
As noted, IP law is a broader category that contains Patent Law. Thus, a patent lawyer is an IP lawyer, but not all IP lawyers will have the expertise and skills to handle patent matters.
Contact The Patent and IP Attorneys At Revision Legal
For more information, contact the experienced Patent and IP Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
