Understanding Intellectual Property Law

By Maryl Joop


There was a conflict between NBC and Conan O'Brien in 2010 that ended in the host of the Tonight Show leaving, being replaced with former host Jay Leno. Though NBC and Leno were both highly criticized for essentially forcing O'Brien to leave the network it did happen, and had negative consequences for O'Brien's future.

This consequence was that any idea or product that had been written by him or his writers for his show was under patent as a property of NBC, not Conan O'Brien. Therefore, once he left the network, he would be under contract and law to never use the same jokes again, despite the fact that he wrote them.

One of the most important things you can do to help you find a good lawyer is to check with your work, often, workplaces will have discounted legal services for their employees. Even if they do not offer a discount, there is a good chance that they will have ideas of good lawyers in your area. By asking around, you will be able to find a lawyer that has been recommended by someone you trust. Often, your company will help you with employee assistance programs.

Anything that is capable of industrial application. This is anything that falls under the technological inventions, pharmaceutical changes, or other new ideas that can be applied in different industries.

This is a secret that is protected as it gives a company or individual a comparative advantage in an industry. It gives you the right to exclude others from doing what you have invented. It doesn't give you a right to practice or build what you have protected. For instance, you may have a patent on a fuel injector that increases gas mileage. This does not necessarily mean that you have a right to build a whole car with this injector because you don't have a patent on the car. This is an improvement patent and is much more narrow.

It usually takes around 18 months to get a patent. While your application is in there it is secret but by the end of the 18 months it is published for the world to see what you were trying to patent. This happens whether you get the patent or not.

If you are ever in a circumstance where you are being sued for your intellectual property or if you want to sue for misuse of your intellectual property you can contact these attorneys to help you as well. There is no reason why you should have to fight for that yourself, especially if you have never had experience with it before. There are experts in Utah that have to deal with these sorts of situations every day.

They are much more common than you might think and can be rather complicated. If you do not want to end up on the wrong side of a raw deal, get the professional help that you need from Kirton McConkie. There is no one better within the greater Salt Lake area to help you claim your right to your intellectual property. You can feel safe with your intellectual property in their hands.

Finding a good litigation attorney in Utah is as simple as finding recommendations, and interviewing them to find a lawyer that can work with you personally.




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