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Your Durango Intellectual Property Attorney
Finding out that someone is using your invention, your name, or your creative work without permission is unsettling. This page explains the federal and Colorado rules that most often decide how an intellectual property matter from Durango unfolds. You will find the quick answers first, then the definitions, deadlines, registration, the courts, state law, and the basic elements of infringement claims, with the statute behind each point. Deadlines in intellectual property cases run on fixed dates, so learning them early usually helps more than trying to catch up later.
Deadlines and Courts: The Short Version
- Patent term and damages: a patent lasts 20 years from the filing date of the application (35 U.S.C. 154(a)(2)), and no recovery can be had for infringement more than six years before the complaint (35 U.S.C. 286).
- Federal trademark registration is available to the owner of a mark used in commerce or to a person with a bona fide intention to use one (15 U.S.C. 1051(a)(1), (b)(1)).
- Three years to bring a copyright claim (17 U.S.C. 507(b)), and federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
- Colorado has its own trade secret statute, the Colorado Uniform Trade Secrets Act (C.R.S. 7-74-101 to 7-74-110), and the federal action in 18 U.S.C. 1836 sits alongside it.
- Federal district: for La Plata County, the District of Colorado under 28 U.S.C. 85, holding court in Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
Four Kinds of Intellectual Property and What Each Covers
Patents cover new and useful processes, machines, manufactures, and compositions of matter (35 U.S.C. 101). Protection lasts until 20 years after the date on which the application was filed in the United States (35 U.S.C. 154(a)(2)), so the filing date matters more than the date the patent issues.
Under 15 U.S.C. 1127, a trademark is any word, name, symbol, or device, or a combination, that identifies and distinguishes one person’s goods from another’s and indicates their source, and a service mark performs that function for services.
Copyright protects expression, not ideas. The subject matter is original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and protection does not extend to any idea, procedure, process, system, or method of operation, however it is described (17 U.S.C. 102(b)).
Trade secret protection depends on two things: the owner took reasonable measures to keep the information secret, and the information has independent economic value because it is not generally known or readily ascertainable (18 U.S.C. 1839(3)). Formulas, methods, processes, programs, and codes can all qualify.
Time Limits That Matter in Patent, Copyright, and Trade Secret Cases
The copyright deadline is three years after the claim accrued (17 U.S.C. 507(b)). An owner who has not registered should treat registration as part of the first steps, since no infringement action on a United States work can be instituted before it (17 U.S.C. 411(a)).
For a federal trade secret claim, the three years run from discovery of the misappropriation, or from when it should have been discovered by reasonable diligence, and a continuing misappropriation is treated as a single claim (18 U.S.C. 1836(d)).
A patent owner who waits loses damages: under 35 U.S.C. 286, no recovery may be had for infringement committed more than six years before the complaint. The patent itself lasts 20 years from filing (35 U.S.C. 154(a)(2)).
State-law claims, such as a claim under the Colorado Uniform Trade Secrets Act (C.R.S. 7-74-101 to 7-74-110) or a state trademark claim, have their own rules on limitation periods and on when a claim begins to run. Those are set by Colorado statutes and court decisions, so the dates should be checked by an attorney rather than assumed from the federal deadlines.
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Federal and Colorado Trademark Registration
Registration on the federal principal register begins with an application and verified statement. The statute allows the owner of a mark used in commerce to apply (15 U.S.C. 1051(a)(1)) and separately a person with a bona fide intention to use (15 U.S.C. 1051(b)(1)).
A Colorado business can ask an attorney whether a state-level trademark filing with the Colorado Secretary of State is worth adding to a federal application. The provisions are in Article 70 of Title 7 of the Colorado Revised Statutes, and the two registrations are separate.
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)).
The application date controls the length of patent protection, which ends 20 years after filing (35 U.S.C. 154(a)(2)), so planning the filing is part of protecting the invention.
Which Court Handles a Claim From Durango
Federal law fixes the forum for most intellectual property claims: exclusive federal jurisdiction over patents and copyrights (28 U.S.C. 1338(a)), original federal jurisdiction over Defend Trade Secrets Act claims (18 U.S.C. 1836(c)), and concurrent state jurisdiction over trademarks.
The federal court for Durango is the District of Colorado, which covers all of Colorado (28 U.S.C. 85) and holds court in Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
What Colorado Law Can Add to Federal Protection
Owners of confidential information in Durango can look to two sources: the Colorado Uniform Trade Secrets Act (C.R.S. 7-74-101 to 7-74-110) and the federal action in 18 U.S.C. 1836(b), which requires a connection to interstate or foreign commerce and has its own three-year deadline (18 U.S.C. 1836(d)).
Trademark protection has a state layer as well. A state trademark registration in Colorado is filed with the Colorado Secretary of State under Article 70 of Title 7 of the Colorado Revised Statutes, and it is separate from federal registration on the principal register (15 U.S.C. 1051).
The details of a state-law claim depend on the facts, and an attorney can explain which of the federal and state claims fit a particular dispute.
Common Intellectual Property Claims
Claims That a Patent Is Being Infringed
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)).
Both patent owners and people accused of infringing should collect the patent number, product samples, and dates early.
Confusing Similarity and Brand Protection
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).
Protecting Creative Work
Whether copying is actionable begins with what is protected. Copyright subsists in original works fixed in a tangible medium (17 U.S.C. 102(a)) and does not reach ideas, procedures, processes, systems, or methods of operation (17 U.S.C. 102(b)).
For a United States work, registration must be made before an infringement suit is instituted (17 U.S.C. 411(a)).
Trade Secret Misappropriation
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)).
A continuing misappropriation is treated as a single claim for the federal deadline (18 U.S.C. 1836(d)).
Injunctions and Money Damages by Type of Claim
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).
The trademark remedies are set out in 15 U.S.C. 1116(a), which gives courts the power to grant injunctions, and 15 U.S.C. 1117(a), which lets a plaintiff recover defendant’s profits, damages, and costs once a violation is established.
Copyright: an infringer is liable for either the copyright owner’s actual damages and any additional profits of the infringer, or statutory damages (17 U.S.C. 504(a)). For statutory damages, the court may award a sum of not less than $750 or more than $30,000 per work as it considers just (17 U.S.C. 504(c)(1)).
Under 17 U.S.C. 412, an owner who registers after an infringement has started may lose access to statutory damages and attorney’s fees for that infringement, unless the work was published and registered within three months of first publication.
Trade secrets: under the federal statute a court may grant an injunction to prevent actual or threatened misappropriation, award damages for actual loss and for unjust enrichment, or impose liability for a reasonable royalty, and if the misappropriation was willful and malicious, award exemplary damages of not more than 2 times the damages awarded, and attorney’s fees in stated circumstances (18 U.S.C. 1836(b)(3)).
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What an Attorney Will Want to See
Write down a short timeline before the call: when the work or invention was made, when it was first shown to anyone, and when you learned of the problem. The federal deadlines above are measured from dates like these.
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.
Bring the original work and dated drafts for a copyright issue, and a description of the information, access records, and confidentiality measures for a trade secret issue.
Intellectual Property Matters in Durango and La Plata County
The rules on this page are national or statewide, but the practical details are local. For a Durango claim that means La Plata County and the District of Colorado. Asking an attorney how long cases usually take there helps put the deadlines in context.
Injury claims follow different rules, covered on our Durango personal injury attorney page. We connect people in Silverton, Telluride, and Pagosa Springs with local attorneys as well. Our Colorado intellectual property hub brings together the state’s rules and every city page in one place.
Frequently Asked Questions
What counts as patent infringement?
Without authority, making, using, offering to sell, or selling a patented invention in the United States, or importing one into the United States, during the term of the patent (35 U.S.C. 271(a)).
What is the difference between federal and Colorado trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Colorado registration is a separate filing made with the Colorado Secretary of State under Article 70 of Title 7 of the Colorado Revised Statutes, and it does not replace the federal one.
What kinds of work does copyright cover?
Original works of authorship fixed in any tangible medium of expression (17 U.S.C. 102(a)), including literary, musical, dramatic, and pictorial works, motion pictures, sound recordings, and architectural works.
Can I sue in federal court over a stolen trade secret?
Yes, if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)). The federal district courts have original jurisdiction of these actions (18 U.S.C. 1836(c)).
Where does the federal court for Durango hold court?
The District of Colorado holds court in Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling (28 U.S.C. 85).
Does state registration replace federal registration?
No. A state registration, where one is available, is a separate filing from federal registration on the principal register (15 U.S.C. 1051), and each operates on its own.
How long do I have to bring a copyright claim?
Three years after the claim accrued (17 U.S.C. 507(b)), and registration must come before suit on a United States work (17 U.S.C. 411(a)).
Can I protect a logo or slogan?
A word, name, symbol, or device used to identify and distinguish goods or services and indicate their source can be a trademark or service mark (15 U.S.C. 1127).
Talk to an Attorney About Your Durango Matter
You do not have to work out the dates and rules alone. Fill out the form, and you will be connected with an attorney who can review your situation, the deadlines, and what a claim or filing may involve.
