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Your McDonough Intellectual Property Attorney
A patent, a trademark, a copyright, and a trade secret are four different things with four different sets of rules. For a McDonough business, artist, or inventor, the first step is knowing which one is actually involved, and this page walks through how to tell. Keep reading for the deadlines, the registration steps for trademarks and copyrights, the court structure for Henry County, the trade secret rules, and the elements behind the most common infringement claims, citing the statute each time. Deadlines in intellectual property cases run on fixed dates, so learning them early usually helps more than trying to catch up later.
The Short Answers: Deadlines, Courts, and Protection
- Patents belong in federal court. Federal district courts have original jurisdiction over patent claims (28 U.S.C. 1338(a)), and damages cannot reach back more than six years before the complaint (35 U.S.C. 286).
- Trademarks can be registered federally and in Georgia. The federal register is set up by 15 U.S.C. 1051, and state registration is filed with the Georgia Secretary of State under O.C.G.A. 10-1-440 and following sections.
- How long does a copyright last? For works created on or after January 1, 1978, the life of the author plus 70 years (17 U.S.C. 302(a)), with different counts for joint works and works made for hire.
- Georgia has its own trade secret statute, the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767), and the federal action in 18 U.S.C. 1836 sits alongside it.
- Federal district: for Henry County, the Northern District of Georgia under 28 U.S.C. 90, holding court in Gainesville, Atlanta, Rome, and Newnan.
What Patents, Trademarks, Copyrights, and Trade Secrets Protect
A patent protects an invention. Whoever invents or discovers a new and useful process, machine, manufacture, or composition of matter may obtain a patent, subject to the conditions and requirements of the patent statute (35 U.S.C. 101). The term is 20 years from the date the application was filed (35 U.S.C. 154(a)(2)).
A brand is protected as a trademark when it functions to identify and distinguish goods from those of others and to indicate the source of the goods (15 U.S.C. 1127). The same statute defines a service mark for the source of 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)).
Unlike a patent, a trade secret is kept private. The federal definition requires reasonable secrecy measures and independent economic value from not being generally known or readily ascertainable through proper means (18 U.S.C. 1839(3)).
How Long Do You Have to Bring a Claim?
Copyright: a civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)). Because a United States work must also be registered before an infringement suit can be filed (17 U.S.C. 411(a)), the registration step should not be left until after the dispute begins.
Discovery drives the trade secret clock. A civil action under 18 U.S.C. 1836(b) may not be commenced later than three years after the misappropriation is, or by reasonable diligence should be, discovered (18 U.S.C. 1836(d)).
Patent infringement damages reach back at most six years before the complaint (35 U.S.C. 286), so a suspected infringement is worth reviewing promptly.
The federal deadlines above do not decide state-law claims. Georgia sets its own limitation periods and accrual rules, and an attorney can tell you which apply to a trade secret or unfair competition claim brought under state law.
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Registering and Protecting Your Rights
A business planning a brand can file for federal registration based on actual use in commerce (15 U.S.C. 1051(a)(1)) or based on a bona fide intention to use it (15 U.S.C. 1051(b)(1)).
In addition to the federal register, a business in Georgia can file for a state trademark registration with the Georgia Secretary of State (see O.C.G.A. 10-1-440 and following sections). The state filing is a separate process from the federal application.
For copyright, protection attaches to original works fixed in a tangible medium (17 U.S.C. 102(a)), but before an infringement suit on a United States work can be instituted, preregistration or registration of the copyright claim must have been made (17 U.S.C. 411(a)). A work created on or after January 1, 1978 lasts for the life of the author plus 70 years (17 U.S.C. 302(a)).
A patent application starts the 20-year term (35 U.S.C. 154(a)(2)), and the invention must fit a statutory category such as a process, machine, manufacture, or composition of matter (35 U.S.C. 101). An attorney can review both points before you file.
Federal and State Courts for Intellectual Property Claims
Patent, plant variety protection, and copyright claims belong exclusively in federal court: the district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents, plant variety protection, copyrights, and trademarks, and no state court may hear the patent, plant variety protection, and copyright claims (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court.
The federal court for McDonough is the Northern District of Georgia. The statute sets the district by county (28 U.S.C. 90), and that court holds court in Gainesville, Atlanta, Rome, and Newnan.
What Georgia Law Can Add to Federal Protection
Owners of confidential information in McDonough can look to two sources: the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767) 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)).
A brand owner in McDonough may have state-law options in addition to federal ones. Georgia’s trademark registration provisions are found in O.C.G.A. 10-1-440 and following sections, and the filing office is the Georgia Secretary of State.
Which claims to bring, and in which court, is a strategy question for an attorney who can read the documents.
What Kinds of Intellectual Property Cases Come Up?
Patent Disputes
Patent disputes turn on the patent’s claims and on conduct listed in 35 U.S.C. 271(a), namely making, using, offering to sell, selling, or importing a patented invention without authority.
Both patent owners and people accused of infringing should collect the patent number, product samples, and dates early.
Trademark Infringement and Brand Disputes
For a registered mark, the core question is whether the defendant’s use of a reproduction, copy, counterfeit, or colorable imitation is likely to cause confusion, mistake, or deception in connection with goods or services (15 U.S.C. 1114(1)(a)).
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).
Copyright Infringement
A copyright claim starts with an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and it is limited to expression: the idea, procedure, process, system, or method of operation is not protected (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)).
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)).
The federal action has a three-year deadline running from discovery, or from when reasonable diligence should have led to discovery (18 U.S.C. 1836(d)).
Remedies in Intellectual Property Cases
Relief in a patent case can include damages of at least a reasonable royalty with interest and costs, and enhancement up to three times in the court’s discretion (35 U.S.C. 284), and an injunction on reasonable terms under the principles of equity (35 U.S.C. 283).
For trademark violations, the Lanham Act allows injunctions on terms the court considers reasonable (15 U.S.C. 1116(a)) and allows recovery, subject to equity, of the defendant’s profits, the plaintiff’s damages, and the costs of the action (15 U.S.C. 1117(a)).
Under 17 U.S.C. 504, the choice is between actual damages with additional profits and statutory damages, which the court sets between $750 and $30,000 for any one work.
Delay in registering can cost more than time. Infringement that starts before the effective date of registration generally cannot support statutory damages or attorney’s fees, with the exception in 17 U.S.C. 412 for registration within three months after first publication.
The Defend Trade Secrets Act lists the remedies: an injunction, damages for actual loss and unjust enrichment (or a reasonable royalty), exemplary damages of not more than 2 times the damages for willful and malicious misappropriation, and attorney’s fees in the situations the statute names (18 U.S.C. 1836(b)(3)).
Facing an infringement dispute in McDonough? Find out where your matter stands.
Getting Your Records in Order
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
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 McDonough
Deadlines and definitions are the same across Georgia, and the courthouse is not. A federal case from McDonough is filed in the Northern District of Georgia, and getting the timeline for that court from an attorney who practices there is a sound first step.
For a personal injury rather than an intellectual property question, our McDonough personal injury page explains the Georgia rules. We also match people with intellectual property attorneys in Stockbridge, Morrow, and Griffin. See where else we help people across Georgia in our Georgia intellectual property guide.
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.
Does an unregistered brand have any protection?
Possibly. A civil action can be brought under 15 U.S.C. 1125(a)(1) by a person who believes he or she is or is likely to be damaged by a false designation of origin likely to cause confusion, and Georgia law may offer additional protection.
Can I copyright an idea?
No. Copyright never extends to any idea, procedure, process, system, method of operation, concept, principle, or discovery (17 U.S.C. 102(b)). It protects the original expression of an idea.
Does Georgia have a trade secret statute?
Yes. It is the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767). The federal Defend Trade Secrets Act provides a separate civil action (18 U.S.C. 1836), and an attorney can tell you which claims fit the facts.
Which court handles patent and copyright cases from McDonough?
Both belong exclusively in federal district court (28 U.S.C. 1338(a)), which for McDonough means the Northern District of Georgia.
Can I register a trademark with the state of Georgia?
Yes. A state registration is filed with the Georgia Secretary of State under O.C.G.A. 10-1-440 and following sections, and it is a separate filing from the federal application.
What are the main deadlines in intellectual property cases?
Copyright: three years from accrual (17 U.S.C. 507(b)). Federal trade secrets: three years from discovery (18 U.S.C. 1836(d)). Patent damages: no recovery for infringement more than six years before the complaint (35 U.S.C. 286).
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).
Get Started With an Attorney in McDonough
Questions about a patent, a trademark filing, a copyright registration, or a trade secret are exactly what an initial conversation is for. Use the form to get matched with an attorney who can answer them for your case.
