Intellectual property (IP) protects ideas, inventions, and artistic works. This protection drives progress in business, tech, and the arts, allowing creativity and innovation to flourish. Understanding what do intellectual property lawyers do is important for anyone seeking to protect their innovations and creative works.
What is an IP lawyer? An IP lawyer specializes in intellectual property law, which protects intangible assets, such as inventions, designs, brands, and artistic works. IP attorneys navigate complex legal frameworks surrounding patents, trademarks, copyrights, and trade secrets and help clients obtain, keep, and defend their IP rights. This helps answer what do intellectual property lawyers do – they ensure that innovations and creative works are protected from unauthorized use or infringement.
IP lawyers handle a broad range of responsibilities from filing legal documents to representing clients in court.
1. Obtaining Intellectual Property Rights
IP lawyers help their clients obtain legal protection for their intellectual property. This includes:
Patents: IP attorneys draft and file patent applications with the U.S. Patent and Trademark Office (USPTO). Inventions must meet the patentability criteria–novelty, non-obviousness, and utility. Applications are technical and require legal expertise.
Trademarks: When someone or a business wants to register brand names, logos, and slogans to protect a company’s identity, IP lawyers perform trademark searches to check uniqueness and file applications to secure trademark rights.
Copyrights: IP attorneys also help register creative works, such as books, music, software, or artwork, with the U.S. Copyright Office to protect against unauthorized reproduction or distribution.
Trade Secrets: Confidential business information, such as a recipe, company process, or formula may be protected with legal measures such as a non-disclosure agreement (NDA).
2. Due Diligence
IP lawyers generally perform due diligence to determine the value and risks associated with intellectual property. This is especially important for mergers, transactions, or licensing deals. This process helps check that patents, trademarks, or copyrights are valid, enforceable, and free from conflicts.
3. Enforcing IP Rights
When an individual or a company infringes on a client’s intellectual property, IP lawyers protect their client’s rights. Methods to achieve this include the following:
- Send cease-and-desist letters to stop unauthorized use.
- Negotiate settlements to resolve disputes without litigation.
- If needed, represent clients in court
4. What Do Intellectual Property Lawyers Do To Defend Against IP Claims
On the other hand, IP lawyers defend their clients when they are accused of infringing on someone else’s intellectual property. A successful defense involves determining the validity of the accuser’s IP rights, attempting to reach resolution, or if needed, litigating to protect the client. For example, an IP lawyer may argue that a patent is invalid due to prior art or that a client’s use of a work falls under fair use in copyright law.
5. What Is an IP Lawyer’s Role in Drafting and Negotiating Agreements
IP lawyers are needed to prepare and draft technical contracts that involve intellectual property.
Licensing Agreements: IP lawyers prepare licensing agreements. This is common with software.
NDAs: Non-disclosure agreements protect trade secrets during business negotiations or collaborations. NDAs preserve the client’s interests and rights.
6. IP Strategy Advice and Compliance
In addition to drafting contracts, resolving disputes, and other legal filings, IP lawyers may advise their clients in legal matters associated with their intellectual property. IP lawyers must keep up-to-date with national and international IP laws and regulations to protect their clients and comply with requirements.
What Are the Different Types of IP Lawyers?
There are various types of IP lawyers, including patent lawyers, trademark lawyers, copyright lawyers, trade secret lawyers, and IP litigation lawyers. These lawyers represent their clients from a wide range of disciplines, including tech companies, pharmaceutical and biotech firms, fashion and design bands, entertainment companies, media and publishing companies, as well as manufacturing and engineering firms.
The IP attorney can help an individual or business obtain compensation for damages that were incurred as a result of the violation and/or injunctive relief against the party who has violated another party’s IP rights. These damages may include lost profits and royalties. Other times, an IP lawyer can also defend an individual or business that is wrongly accused of violating a party’s intellectual property rights and restore their reputation and obtain damages for any monetary loss that resulted.
What Do Intellectual Property Lawyers Do That Is Important?
So, what do intellectual property lawyers do that makes them so needed? Their work directly affects innovation, creativity, and economic growth here in Florida and throughout the country. Intellectual property protects their client’s interests and prevents financial losses. These attorneys secure patents, which helps inventors innovate without fear of losing their work. This helps protect new and practical inventions that have a functional aspect. IP attorneys also protect trademarks and brand identities, which protects a company’s reputation and customer base. Trademarks are logos, symbols, and brand names that are used to identify and discern the goods of one company to another. Attorneys protect creative work from artists, writers, and musicians with copyrights so that they may continue their work without fear of losing their creations.
Who Needs an IP Lawyer?
Common clients for IP lawyers include the following:
- Inventors and Startups
- Businesses
- Artists and Creators
- Corporations
- Entrepreneurs
Even individuals who have a single creative work or small businesses with a unique brand can benefit from working with an IP lawyer to check their rights are protected.
Next Steps With an IP Attorney
Whether you are a creator, investor, or business person, you may benefit from working with an IP attorney to protect your rights and interests. An IP attorney can help you navigate the next steps, which may include securing legal protection for your intellectual property, obtaining and preserving evidence for a potential case, or needing legal advice regarding what the best course of action may be. An IP attorney can begin legal proceedings and if necessary, litigate the matter to protect your IP and pursue appropriate remedies. Contact Clayton Trial Lawyers today to discuss your intellectual property case and learn how we can help protect your creative work and business interests.
This article was originally published on 10/05/2022 and has been updated on 7/16/2025 to provide the most accurate and relevant information.