What Should I Look for in an Attorney for Intellectual Property Theft?

May 14, 2017 | Firm News

If you’ve had an idea taken from you, you may need to hire an attorney for intellectual property theft.

Choosing an attorney well-versed in intellectual property is a critical decision when faced with the theft of an idea. There is often much at stake, both financially and emotionally. Finding the right attorney can help increase your chance of recovering what was once yours.

What Is Intellectual Property and How Is It Stolen?

Intellectual property is a broad term that refers to an idea or concept that has legal protections. Examples of intellectual property include patents, trademarks, copyrights and trade secrets. However, intellectual property can include something less formal, such as a story you wrote or a picture you drew.

The purpose of providing these ideas and thought creations with legal protections is to incentivize people to create new things. For instance, imagine a world without patent protections. Would a pharmaceutical company risk decades of research and development along with billions of dollars to create a new drug that anyone could legally make and sell themselves as soon as the drug is available for purchase? Without patent protections in place, that pharmaceutical company would do all the work, but reap none of the rewards.

There is often a debate as to exactly how to provide intellectual property protections. But one thing many agree on is that the person or organization that develops an idea should be able to keep it and decide how to use it. When someone else knowingly takes or uses the intellectual property of another without permission, intellectual property theft has taken place.

What to Do If You Suspect Someone Has Stolen Your Intellectual Property

If you believe an individual or organization has improperly taken your intellectual property, you have certain legal rights that may allow you to punish the person responsible and seek compensation for financial losses as a result of the theft. Because intellectual property laws are expansive and complex, hiring an attorney who works in the intellectual property field is the first thing you should do. But how do you go about choosing an intellectual property theft attorney?

Choosing an Intellectual Property Theft Attorney

There are several things to consider when selecting an attorney who practices intellectual property law.

First, find an attorney who is comfortable and experienced in litigating. Much of the intellectual property area of practice is very transactional in nature. That means most intellectual property attorneys help their clients navigate the complex legal rules rather than sue someone for stealing intellectual property. But when someone steals from you, you will be on the offensive, and a trial or some other form of adversarial legal action is a distinct possibility. Not all attorneys can litigate well, so it’s important to find someone who can.

Second, make sure you feel comfortable with your legal counsel. There will be plenty of communication and time spent with your attorney, especially if your issue goes to trial. So it’s best to find someone who’s not only able to provide the legal services you need, but is also someone you respect and actually like.

Third, find a lawyer who has experience and background in your specific area of need. The intellectual property area of practice includes many different subsets. However, it’s best to find someone who focuses in a field that includes your intellectual property. For example, if you’re looking to go after someone who is violating your patent, it’s best to find an attorney with experience in patent prosecution.

Looking to Hire an Intellectual Property Attorney?

Find out what you need to know about finding an attorney for intellectual property by calling the Wilbanks Law Firm, P.C. at (706) 335-2355.