THE HARLESTON LAW FIRM, LLC

 Note:  Nothing stated here is intended or should be taken as legal advice.  Use of this web site does not create an attorney-client relationship.

• What do I need an attorney for?

That depends on your circumstances and goals.  We believe that gaining a basic understanding of intellectual property, and getting advice about how to protect your intellectual property, should be your first steps.  You could do a lot of reading and learn some of the basic principles of intellectual property on your own, and we encourage you to do so even before you contact us (see our Links page), but we can also provide an overview, tailored toward your own needs, usually in 30-60 minutes.  There are many misconceptions about intellectual property (and about law in general).  We'll do our best to help you figure out what you really need, given your goals and constraints, and to select an appropriate strategy that fits your budget.

• Why should I register my trademark or copyright?

While trademarks and copyrights can be valid without being registered, registration can provide important benefits.  When you register your trademark, it becomes a matter of public record, and can be found through a basic trademark search, and it becomes more difficult for a later infringing user to claim that it did not know of your prior use.  A trademark registration also can be used as evidence of your ownership of the mark.  Furthermore, once you have a federal registration, you are deemed to have used the mark throughout the United States as of the date you filed your application, giving you priority over a later user anywhere in the country - this is called the presumption of nationwide constructive use.  Likewise, a copyright registration can be used as evidence of your ownership of the copyright and of the facts stated in the registration.  Most importantly, you cannot enforce your copyright claim in court without a registration.  This is a somewhat oversimplified explanation, but if you are serious about protecting a trademark or copyright, registration is one of the most basic steps you can and should take.

• Can I do my own (patent, trademark, copyright) application?

Yes, you can - but should you?  In most cases, no.  A patent application has been called one of the most difficult legal instruments to draft properly.  Filing a patent application is one thing; ending up with a good patent that really describes and protects your invention the right way is quite another.  Filling in the blanks of a trademark or copyright registration application is one thing, but completing the application properly, in a way that protects your rights most effectively and that is most likely to be approved smoothly, is another.  Properly preparing these applications requires training and experience that most people do not have.  Correcting mistakes in a badly drafted application can be costly and sometimes is impossible.  Even a poorly drafted provisional patent application can have adverse consequences.

• What will it cost me to patent my invention?

It depends on the nature and complexity of your invention, where you are in the process, what kind of patent you are applying for, and other factors.  We do not have a one-size flat fee that fits all patents, but we can usually work out a flat fee for preparing a patent application once we have met and talked with you.  The first thing an inventor needs is advice; then we can sort out whether your invention may be patentable subject matter, what kind of patent is appropriate, and what a patent application should cost.  Of course, some patent applications do not lead to patents for various reasons.  And some clients inquire about patents when what they really need is copyright protection.

• What will it cost me to trademark my mark/name?

We discourage use of the word "trademark" as a verb - the question should be, what should you do to protect and enforce your trademark, and what will that cost?  There are many options, and we can usually quote you a flat fee on many of them, but the total cost to go through the legal process varies widely according to what your mark is, how you use it, what goods or services you use it with, what kind of searches you want done, and other factors.  The first thing you need is advice, to help you understand what goes into choosing a mark, evaluate whether your preferred name or mark is really a valid trademark, consider how best to use and protect your mark, and then to decide what kind of search should be done, how many classes of goods or services to claim, and work through other questions, including what each step should cost.  We understand that start-up businesses are often on tight budgets, and we try to propose options for your consideration that will fit within your budget.

• What will it cost me to copyright my work?

Many clients are surprised to learn that authors automatically own copyright in their works from the date of creation.  That is why we discourage use of the word "copyright" as a verb - the real question is, what should you do to protect and enforce your copyright, and what will that cost?  The registration process itself is usually not complicated, but there are a number of sometimes difficult questions that must be answered first, such as whether the work is copyrightable; who are the authors; were independent contractors involved in creation; does the work incorporate or borrow from any pre-existing works; if so, were necessary permissions obtained; and a host of other things that may come up.  As with patents and trademarks, it will usually be helpful for you to seek advice and the best time for that is in the beginning, preferably even before the work is created, especially if you are not the sole author.  The cost of registering copyright in a single work is typically not expensive, as the government's filing fee for most copyright registrations is $35 - we usually charge a flat fee for our services to prepare and file a copyright application, but there could be other fees for consultations, preparing assignments of rights if necessary, and advising on contracts and other matters that may or may not come up depending on the nature of your work.

• Do you charge a fee for an initial consultation?

Yes.  We believe that advice at the beginning is important and can avoid costly errors that could add up to greater expense in the long run.