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Your Lakeville Intellectual Property Attorney
If you are trying to protect an invention, a brand, or a creative work in Lakeville, or you have been accused of infringing someone else’s, you probably want plain answers about deadlines, courts, and what each kind of protection covers. Federal statutes set most of them, so many answers can be checked. The sections that follow cover what patents, trademarks, copyrights, and trade secrets protect, the filing deadlines, registration, the federal courts for Dakota County, Minnesota’s own trademark and trade secret rules, and what an infringement claim involves. These rules apply across Minnesota, and an attorney familiar with the District of Minnesota can explain what to expect there.
Deadlines and Courts: The Short Version
- 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).
- Even an unregistered mark can be protected against false designation of origin, through a civil action by anyone who believes they are likely to be damaged (15 U.S.C. 1125(a)(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)).
- What is a trade secret? Information the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known (18 U.S.C. 1839(3)).
- A federal case from Lakeville goes to the District of Minnesota (28 U.S.C. 103), which sits in Winona, Mankato, Saint Paul, Minneapolis, Duluth, Fergus Falls, and Bemidji.
Four Kinds of Intellectual Property and What Each Covers
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)).
Names, logos, and slogans that tell customers who is behind a product are trademarks, defined in 15 U.S.C. 1127 as any word, name, symbol, or device used to identify and distinguish a person’s goods and to indicate their source. A service mark does the same job for services.
For creative work, copyright arises in original works of authorship fixed in a tangible medium of expression (17 U.S.C. 102(a)). The limit in 17 U.S.C. 102(b) means the underlying idea or method is not protected even when the way it is expressed is.
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
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.
The federal trade secret deadline is set by 18 U.S.C. 1836(d): three years from the date the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered, with continuing misappropriation counted as one claim.
Six years is the number to know in patent cases: infringement more than six years before the complaint cannot be recovered on (35 U.S.C. 286).
State-law claims, such as a claim under the Uniform Trade Secrets Act (Minn. Stat. chapter 325C) or a state trademark claim, have their own rules on limitation periods and on when a claim begins to run. Those are set by Minnesota statutes and court decisions, so the dates should be checked by an attorney rather than assumed from the federal deadlines.
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Steps That Strengthen a Claim Before It Is Needed
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 Minnesota business can ask an attorney whether a state-level trademark filing with the Minnesota Secretary of State is worth adding to a federal application. The provisions are in Minn. Stat. chapter 333, and the two registrations are separate.
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)).
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.
Which Court Handles a Claim From Lakeville
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.
Minnesota constitutes one federal judicial district, the District of Minnesota (28 U.S.C. 103), so a federal case from Lakeville is filed there. The court holds court in Winona, Mankato, Saint Paul, Minneapolis, Duluth, Fergus Falls, and Bemidji.
What Minnesota Law Can Add to Federal Protection
Owners of confidential information in Lakeville can look to two sources: the Uniform Trade Secrets Act (Minn. Stat. chapter 325C) 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)).
Beyond the federal Lanham Act, a brand owner in Lakeville can look to Minnesota’s own trademark registration system. Filings are made with the Minnesota Secretary of State under Minn. Stat. chapter 333, and a state filing does not replace a federal application.
Which claims to bring, and in which court, is a strategy question for an attorney who can read the documents.
Common Intellectual Property Claims
Using an Invention Without Permission
Whether conduct is infringement is measured against 35 U.S.C. 271(a), which reaches anyone who, without authority, makes, uses, offers to sell, or sells a patented invention in the United States or imports it during the patent’s term.
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.
Evidence such as first-use dates, sales records, and examples of actual confusion is easiest to gather before a dispute escalates.
Copying of Creative Work
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
The Defend Trade Secrets Act lets the owner of a misappropriated trade secret sue when the secret relates to a product or service in interstate or foreign commerce (18 U.S.C. 1836(b)(1)). Whether the information qualifies depends on the definition in 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)).
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).
Trademark: courts can grant injunctions according to the principles of equity to prevent the violation of the rights of a registrant or a violation of section 1125(a), (c), or (d) (15 U.S.C. 1116(a)), and when a violation is established the plaintiff is entitled, subject to the principles of equity, to recover the defendant’s profits, any damages sustained by the plaintiff, and the costs of the action (15 U.S.C. 1117(a)).
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.
In federal trade secret cases the court can enjoin actual or threatened misappropriation, award damages for loss and unjust enrichment or a reasonable royalty, and, for willful and malicious misappropriation, exemplary damages up to 2 times the damages awarded (18 U.S.C. 1836(b)(3)).
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Getting Your Records in Order
Start with the basics: what you created or invented, who was involved, and when each step happened. Dates matter because the deadlines described above run from events such as accrual of a claim, discovery of a misappropriation, or the filing of an application.
Useful patent records include sketches, notebooks, prototypes, and application numbers. Useful trademark records include the logo or name, packaging or signage showing use, and state or federal registration papers.
For a copyright question, bring the work, dated drafts, any registration papers, and examples of the copying. For a trade secret question, bring a description of the information, who had access, and what confidentiality steps were in place, such as agreements and access controls.
A Note on Lakeville and the Federal Court
Lakeville matters that reach federal court are heard in the District of Minnesota. 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.
People searching outside Lakeville can use the Minnesota intellectual property listings to find their own city. Our coverage in this part of Minnesota also includes Apple Valley, Burnsville, and Prior Lake. For a personal injury rather than an intellectual property question, our Lakeville personal injury page explains the Minnesota rules.
Frequently Asked Questions
What can be patented?
A new and useful process, machine, manufacture, or composition of matter may be patented, subject to the conditions and requirements of the patent statute (35 U.S.C. 101).
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)).
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)).
How many federal districts does Minnesota have?
Minnesota has one federal judicial district: the District of Minnesota (28 U.S.C. 103).
Can a trademark claim be brought under Minnesota law?
Possibly. Minnesota law may provide trademark claims of its own alongside the federal ones, and which apply depends on the mark and the facts. An attorney can explain the options.
Is there a deadline to sue for patent infringement?
Patent damages reach back six years before the complaint (35 U.S.C. 286), so delay can reduce recovery even while the patent is in force.
How do I know whether I need a patent, trademark, copyright, or trade secret protection?
It depends on what you are protecting: an invention (35 U.S.C. 101), a name or logo that identifies goods or services (15 U.S.C. 1127), original creative work (17 U.S.C. 102(a)), or confidential information (18 U.S.C. 1839(3)).
Take the Next Step in Your Lakeville Intellectual Property Matter
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