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Your Sandy Springs Intellectual Property Attorney
Ideas, brands, and creative work are only as protected as the steps taken to secure them and the speed of the response when someone copies them. If your business or work is based in Sandy Springs, the federal and Georgia rules on patents, trademarks, copyrights, and trade secrets are written down, and knowing them early helps. 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. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Intellectual Property Rules at a Glance
- Who can be liable for patent infringement? Anyone who, without authority, makes, uses, offers to sell, or sells a patented invention in the United States, or imports it (35 U.S.C. 271(a)).
- 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.
- Copyright covers expression, not ideas: original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), but never an idea, procedure, process, system, or method of operation (17 U.S.C. 102(b)).
- 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.
- The federal court for Sandy Springs is the Northern District of Georgia, with court held at Gainesville, Atlanta, Rome, and Newnan (28 U.S.C. 90).
Four Kinds of Intellectual Property and What Each Covers
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.
A copyright question begins with whether the work is an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)) and whether what was copied was expression rather than an idea, system, or method (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)).
Deadlines for Intellectual Property Claims
Under 17 U.S.C. 507(b), a civil copyright action must be commenced within three years after the claim accrued, and under 17 U.S.C. 411(a) the copyright claim for a United States work must be registered, or registration refused, before that action is instituted.
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)).
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).
Claims under Georgia law carry their own limitation periods and their own rules for when the clock starts, which are different questions from the federal deadlines in this section. Have the dates checked before relying on any of them.
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What to Do Before a Dispute Starts
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)).
A Georgia business can ask an attorney whether a state-level trademark filing with the Georgia Secretary of State is worth adding to a federal application. The provisions are in O.C.G.A. 10-1-440 and following sections, 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)).
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.
Where an Intellectual Property Case From Sandy Springs Is Filed
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.
Georgia is divided into three federal judicial districts (28 U.S.C. 90). Fulton County is in the Northern District of Georgia, which holds court in Gainesville, Atlanta, Rome, and Newnan.
What Georgia Law Can Add to Federal Protection
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 Sandy Springs may also raise a claim under the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767). Which claims fit depends on the facts.
A state trademark registration in Georgia is a different filing from federal registration (15 U.S.C. 1051). It is made with the Georgia Secretary of State under O.C.G.A. 10-1-440 and following sections.
Choosing between state and federal claims, or bringing both, is something an attorney should decide after reviewing what happened and what proof exists.
What Kinds of Intellectual Property Cases Come Up?
Using an Invention Without Permission
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.
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
Brand disputes often involve both a registered mark and one that has never been registered. Registered marks are protected against likely confusion under 15 U.S.C. 1114(1)(a), and 15 U.S.C. 1125(a)(1) covers false designation of origin more broadly.
Trademark claims may be filed in federal court or in state court (28 U.S.C. 1338(a)).
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)).
The duration of a copyright for a work created on or after January 1, 1978 is generally the life of the author plus 70 years (17 U.S.C. 302(a)).
Disputes Over Trade Secrets
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).
The Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767) may provide state-law claims alongside the federal action, with their own deadlines.
What a Court Can Award or Order
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).
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.
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.
Registering early matters for remedies as well as for suing: statutory damages and attorney’s fees are barred for infringement that began before registration, except when a published work is registered within three months after first publication (17 U.S.C. 412).
Relief under 18 U.S.C. 1836(b)(3) includes an injunction, compensatory damages or a reasonable royalty, exemplary damages of up to 2 times for willful and malicious misappropriation, and reasonable attorney’s fees to the prevailing party when the statute’s conditions are met.
Facing an infringement dispute in Sandy Springs? Find out where your matter stands.
Getting Your Records in Order
Before you talk to anyone, list the key dates in order. Copyright and federal trade secret deadlines run from accrual and discovery, and patent damages look back from the complaint, so a clean timeline shows where you stand.
Patent matters go faster with drawings, lab notes, patent or application numbers, and a list of who has seen the invention. Trademark matters go faster with the mark itself, samples of its use, and any registration documents.
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 Sandy Springs and Fulton County
If you are protecting or defending intellectual property in Sandy Springs, a case that belongs in federal court is filed in the Northern District of Georgia. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
Hurt in an accident rather than dealing with a patent, trademark, or copyright issue? Read our Sandy Springs personal injury page. Our coverage in this part of Georgia also includes Dunwoody, Brookhaven, and Roswell. Our Georgia intellectual property resource collects the state-level rules and links to each city page.
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)).
Which court hears a copyright case from Sandy Springs?
The federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)). For Sandy Springs, that is the Northern District of Georgia.
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 Georgia have?
Georgia has three federal judicial districts: the Northern, Middle, and Southern Districts of Georgia (28 U.S.C. 90).
Do federal deadlines apply to Georgia state-law claims?
Not automatically. Georgia state-law claims have their own limitation periods and accrual rules, set by Georgia statutes and court decisions, and an attorney should check them.
Do deadlines differ for different kinds of intellectual property?
Yes. Copyright and federal trade secret claims each have a three-year period, measured differently (17 U.S.C. 507(b); 18 U.S.C. 1836(d)), and patent damages are limited to six years before the complaint (35 U.S.C. 286).
What should I do if someone copies my work?
Note the dates, keep copies, and speak with an attorney early, since deadlines such as three years for copyright (17 U.S.C. 507(b)) and six years of look-back for patent damages (35 U.S.C. 286) run from the events.
Speak With Someone Who Handles Cases Like Yours
The rules on this page are the same statewide, but what they mean for your matter depends on the facts. Use the form to be matched with an attorney who can look at your situation and your dates.
