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Your Bonner Springs Intellectual Property Attorney
Intellectual property law splits into four main areas, patents, trademarks, copyrights, and trade secrets, and each has its own rules on where a case is filed and how long you have. The sections below explain those rules for a matter arising in Bonner Springs. This page covers the deadlines, the definitions that decide whether something is protected, the federal district court for Johnson, Leavenworth, and Wyandotte counties, and the Kansas rules that sit next to the federal ones. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
Intellectual Property Rules at a Glance
- A patent case is a federal case. The district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents (28 U.S.C. 1338(a)), and infringement damages are limited to the six years before the complaint (35 U.S.C. 286).
- Trademarks can be registered federally and in Kansas. The federal register is set up by 15 U.S.C. 1051, and state registration is filed with the Kansas Secretary of State under Article 2 of K.S.A. chapter 81.
- Copyright lawsuits have a three-year clock from when the claim accrued (17 U.S.C. 507(b)), and a United States work must be registered before an infringement suit can be filed (17 U.S.C. 411(a)).
- Federal trade secret claims must be brought within 3 years after the misappropriation is discovered or should have been discovered with reasonable diligence (18 U.S.C. 1836(d)).
- Federal district: for Johnson, Leavenworth, and Wyandotte counties, the District of Kansas under 28 U.S.C. 96, holding court in Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott.
What Patents, Trademarks, Copyrights, and Trade Secrets Protect
If you have made something new and useful, such as a device, a process, a manufactured article, or a composition, a patent is the tool the statute provides (35 U.S.C. 101). The grant runs from issuance to 20 years after the application was filed (35 U.S.C. 154(a)(2)).
A trademark identifies and distinguishes goods and their source. The statute defines it as any word, name, symbol, or device, or any combination, used by a person, or which a person has a bona fide intention to use in commerce and applies to register, to identify and distinguish that person’s goods from those manufactured or sold by others and to indicate the source (15 U.S.C. 1127). A service mark does the same for services.
Writing, music, images, film, software text, and similar creative work are the subject of copyright, which subsists in original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)). The statute is equally clear about what is excluded: ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries (17 U.S.C. 102(b)).
Business and technical information such as plans, formulas, and processes qualifies as a trade secret only if the owner has taken reasonable measures to keep it secret and it derives independent economic value from secrecy (18 U.S.C. 1839(3)).
How Long Do You Have to Bring a Claim?
Three years is the copyright limit in 17 U.S.C. 507(b), measured from when the claim accrued. Registration comes first under 17 U.S.C. 411(a), so the clock and the registration process can overlap.
Trade secret claims under federal law must be filed within three years of discovery, or of when reasonable diligence would have revealed the misappropriation, and continuing misappropriation is one claim (18 U.S.C. 1836(d)).
Patents: there is no recovery for infringement committed more than six years before the filing of the complaint or counterclaim for infringement (35 U.S.C. 286). Waiting can therefore shrink the damages available even when the patent itself is still in force.
Do not assume that a state-law claim follows the federal deadlines. Kansas’s limitation periods and the point when a claim accrues are matters of Kansas statutes and case law, and an attorney can check the dates for your particular claim.
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Registration Steps for Trademarks and Copyrights
Federal trademark registration is available both to owners of a mark already used in commerce (15 U.S.C. 1051(a)(1)) and to a person with a bona fide intention, in good faith, to use a mark in commerce (15 U.S.C. 1051(b)(1)), through an application and a verified statement filed with the Patent and Trademark Office.
State registration is a different filing from a federal application. In Kansas it is made with the Kansas Secretary of State under Article 2 of K.S.A. chapter 81, and an attorney can tell you whether a state filing, a federal filing, or both suit your plans.
Copyright exists without a filing, but a lawsuit about a United States work requires preregistration or registration first (17 U.S.C. 411(a)). The standard term for a work created on or after January 1, 1978 is the life of the author and 70 years after the author’s death (17 U.S.C. 302(a)).
For an invention, the patent term of 20 years runs from the date the application was filed (35 U.S.C. 154(a)(2)), so the timing of an application is worth discussing with a patent attorney.
The Federal Court for Johnson, Leavenworth, and Wyandotte counties
In practice, patent and copyright disputes are filed in federal district court (28 U.S.C. 1338(a)), federal trade secret claims start there as well (18 U.S.C. 1836(c)), and a trademark dispute can be filed in federal or state court.
By statute the whole state is a single federal district (28 U.S.C. 96). A federal case from Bonner Springs is filed in the District of Kansas, where court is held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott. Because Bonner Springs lies in more than one county, it is worth confirming which county the matter falls in.
How Kansas Law Fits In
The federal civil action for trade secrets (18 U.S.C. 1836(b)(1)) is filed in federal district court (18 U.S.C. 1836(c)), and a dispute from Bonner Springs may also raise a claim under the Kansas Uniform Trade Secrets Act (K.S.A. 60-3320 to 60-3330). Which claims fit depends on the facts.
Trademark protection has a state layer as well. A state trademark registration in Kansas is filed with the Kansas Secretary of State under Article 2 of K.S.A. chapter 81, and it is separate from federal registration on the principal register (15 U.S.C. 1051).
Whether to plead federal claims, state claims, or both turns on the facts, and an initial conversation with an attorney is the way to sort that out.
The Claims Behind Most Intellectual Property Disputes
Patent Infringement
Infringement occurs when someone, without authority, makes, uses, offers to sell, or sells any patented invention within the United States, or imports a patented invention into the United States, during the term of the patent (35 U.S.C. 271(a)).
Because the six-year damages limit in 35 U.S.C. 286 runs back from the complaint, delay can reduce what is recoverable.
Disputes Over Names, Logos, and Brands
Even without registration, the Lanham Act allows a civil action against anyone who uses in commerce a word, term, name, symbol, or device likely to cause confusion or deceive about affiliation, connection, or origin (15 U.S.C. 1125(a)(1)), brought by a person who believes he or she is or is likely to be damaged.
A person who believes he or she is or is likely to be damaged can bring the civil action under 15 U.S.C. 1125(a)(1).
Copying of Creative Work
In a copyright case, the first questions are whether the work is protected at all under 17 U.S.C. 102(a) and whether what was copied was protected expression rather than an idea or method excluded by 17 U.S.C. 102(b).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
Protecting Confidential Business Information
In a trade secret dispute, both sides examine the same two things: the steps the owner took to keep the information secret and the value that comes from its not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Documents showing who had access, and what confidentiality steps existed, are among the first things to preserve.
Remedies in Intellectual Property Cases
Patent: a court that finds for the claimant shall award damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention, together with interest and costs, and the court may increase the damages up to three times the amount found or assessed (35 U.S.C. 284). Courts may also grant injunctions in accordance with the principles of equity to prevent the violation of a patent right (35 U.S.C. 283).
In trademark cases, courts have the power to enjoin violations (15 U.S.C. 1116(a)), and a plaintiff who establishes a violation may recover profits, damages, and costs, subject to sections 1111 and 1114 and the principles of equity (15 U.S.C. 1117(a)).
Copyright damages can be measured by the owner’s actual damages and the infringer’s attributable profits (17 U.S.C. 504(b)), or by statutory damages between $750 and $30,000 per work as the court considers just (17 U.S.C. 504(c)(1)).
The registration date can decide whether statutory damages and attorney’s fees are available at all. Section 412 of the copyright statute bars them for infringement commenced before registration, subject to a three-month window after first publication.
For a misappropriated trade secret, 18 U.S.C. 1836(b)(3) authorizes an injunction against actual or threatened misappropriation, damages for actual loss and unjust enrichment or a reasonable royalty, exemplary damages up to 2 times for willful and malicious misappropriation, and reasonable attorney’s fees to the prevailing party in stated situations.
Facing an infringement dispute in Bonner Springs? Find out where your matter stands.
Preparing for a First Conversation
Bring a simple chronology. When was the work created, when was it first shared or sold, and when did you first notice the copying or use? Many of the deadlines on this page run from those events.
If the issue is a patent, gather technical drawings, descriptions, and any application numbers. If it is a trademark, gather the mark, examples of use, and registration information.
Copyright matters call for the original work, dated versions, registration papers, and side-by-side examples of the copying. Trade secret matters call for a description of the information, a list of who had access, and the confidentiality measures that existed.
Local Court Details for Bonner Springs
Bonner Springs matters that reach federal court are heard in the District of Kansas. Knowing which court you will be in matters because deadlines such as the three-year copyright and trade secret limits run regardless of the court.
Our Kansas intellectual property hub brings together the state’s rules and every city page in one place. We also match people with intellectual property attorneys in Basehor, Shawnee, and Kansas City. For a personal injury rather than an intellectual property question, our Bonner Springs personal injury page explains the Kansas rules.
Frequently Asked Questions
How long does a patent last?
A patent lasts 20 years from the date the application was filed in the United States (35 U.S.C. 154(a)(2)), so the filing date, not the issue date, sets the end of the term.
Can I register a trademark before I start using it?
Yes, in one way: a person with a bona fide intention, under circumstances showing good faith, to use a trademark in commerce may request registration on the principal register (15 U.S.C. 1051(b)(1)).
How long do I have to sue for copyright infringement?
A civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)).
What do I have to show to protect a trade secret?
The two elements of the definition: that you took reasonable measures to keep the information secret, and that it has independent economic value from not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Which court handles patent and copyright cases from Bonner Springs?
Both belong exclusively in federal district court (28 U.S.C. 1338(a)), which for Bonner Springs means the District of Kansas.
Do federal deadlines apply to Kansas state-law claims?
Not automatically. Kansas state-law claims have their own limitation periods and accrual rules, set by Kansas statutes and court decisions, and an attorney should check them.
Why does timing matter in an intellectual property dispute?
Because federal statutes set fixed limits, such as three years for copyright (17 U.S.C. 507(b)) and for federal trade secret claims (18 U.S.C. 1836(d)), and six years of look-back for patent damages (35 U.S.C. 286), waiting can cost rights and money.
Can I protect a business idea?
An idea by itself is not protected by copyright (17 U.S.C. 102(b)). An invention that fits a category in 35 U.S.C. 101 may be patentable, and confidential business information may qualify as a trade secret (18 U.S.C. 1839(3)).
Speak With Someone Who Handles Cases Like Yours
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