Frequently Asked Questions

Your Intellectual Property Questions, Answered

Explore common questions about protecting and leveraging your intellectual property — from patents and trademarks to IP strategy and enforcement.

Copyrights & Trade Secrets

What does copyright protect?
Copyright protects original creative works – writing, art, software, and more – from unauthorized use. Registration enhances enforcement rights in case of infringement.
What is a trade secret?
A trade secret is confidential information (like formulas, algorithms, or client lists) that provides a competitive advantage. Protection depends on strong internal confidentiality measures.

Intellectual Property Basics

What is intellectual property (IP)?
Intellectual property refers to creations of the mind — inventions, designs, brand names, and creative works — that can be legally protected to give their owners exclusive rights to use or commercialize them.
How do I know what kind of IP protection I need?
It depends on what you’ve created. Patents protect inventions, trademarks protect brands, copyrights cover creative works, and trade secrets protect confidential business information. We help identify the right path for your assets.
Can I protect my IP internationally?
Yes. Systems like the Patent Cooperation Treaty (PCT) and Madrid Protocol streamline global protection. We work with foreign associates to manage international filings efficiently.

IP Strategy, Agreements & Enforcement

What is an IP strategy, and why does my business need one?
An IP strategy aligns your patents, trademarks, and trade secrets with your business goals — helping you protect innovation, attract investment, and build long-term value.
Can I license or sell my IP?
Yes. IP can be licensed, assigned, or used in collaborations. We draft and negotiate agreements that protect your interests and anticipate future challenges.
What should I do if someone infringes my IP?
Document the issue and contact counsel before responding. We’ll evaluate your options and coordinate with experienced litigation partners when enforcement becomes necessary.

Patents

What can be patented?
Patents protect new and useful processes, machines, products, or compositions of matter. To qualify, an invention must be novel, non-obvious, and have a specific, practical application.
What's the difference between a provisional and non-provisional patent application?
A provisional application establishes an early filing date ("patent pending"). A non-provisional application begins formal USPTO review and examination.
How long does a patent last?
Utility patents generally last 20 years from the filing date; design patents last 15 years from issuance. Maintenance fees must be paid to keep them active.
Can software or AI-based inventions be patented?
It depends on whether the invention provides a concrete technical solution. We evaluate patentability and recommend filing strategies tailored to emerging technologies.

Trademarks & Branding

What is a trademark and why should I register it?
A trademark identifies the source of goods or services. Federal registration enhances your protection nationwide, deters infringers, and adds value to your brand.
How long does trademark registration take and how long does it last?
The USPTO process typically takes 8–12 months. A registered mark can last indefinitely if used in commerce and maintained with required filings.
What should I do if someone is using a similar name or logo?
Take action quickly. We can investigate and, when needed, send a cease-and-desist or collaborate with litigation counsel to protect your rights.

Contact Hauptman Ham, LLP for your intellectual property needs.