So, you have a great idea and are getting ready to talk to a patent and trademark attorney in Phoenix about protecting your idea, but then you find out someone has already stolen your idea. What do you do if someone has stolen your intellectual property idea? You have the option to fight for what is yours!
Patents
If you don’t have a patent for your invention yet, you will want to speak with a patent attorney in Phoenix. When it comes to an invention, it is the first to invent, not first to file for a patent. So, if you do find out that your idea was taken from you, you can file a petition to declare an interference proceeding. Once you win that, you will get the right to file your patent. However, it isn’t always easy to prove that you were the founder of the invention. Documentation and witness statements can help prove that you were the first to come up with the idea. But you are going to need legal advice and representation from an intellectual property attorney to make sure that you are covering all of your bases.
If you do have a patent already and someone infringes on it, this can be resolved by filing a patent infringement lawsuit where you could get awarded damages. It is rare for someone to steal your idea and get a patent for it, but they could still be making profits off of your idea. In this case, you should be getting that money, not them. This is where proving that your idea was stolen when you have a patent is going to lead to monetary compensation. This can be done easily, especially with the help of an attorney.
Trademarks
If you are able to prove that you have a registered trademark and it was registered before your idea was stolen and used to identify another brand, there are things you can do to enforce it. You are responsible for taking charge and enforcing anyone stealing your trademark. An Arizona trademark attorney will work with you to not only help with a case, but also to help enforce any trademarks in place. Keep in mind that just like with any case, you will need proper documentation to prove your trademark is being used to identify another business. This can be time consuming and stressful, so it is best to leave the work up to a professional.
The Benefits of Using an Attorney
Using an attorney will help you save time and also eliminate any extra stress when trying to prove your idea was stolen. It is never fun to learn that someone has stolen your idea, but using an attorney can help you through the difficult process.
Parsons & Goltry Law Firm
Offering over 50 years of experience specializing in intellectual property, Parsons & Golty are your go-to legal team when you need legal advice and representation. If your idea has been stolen, the legal team at Parsons & Goltry Law Firm will work with you to ensure you get the justice and credit you deserve for your idea.
