Fill Out The Form To Be Connected Instantly to the Patent Infringement Attorney Needed In Your Case!
Ready to talk to someone about an intellectual property matter in Washington? The form above connects you directly, no need to read everything below first.
Your Washington 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 Washington. Keep reading for the deadlines, the registration steps for trademarks and copyrights, the court structure for Wilkes County, the trade secret rules, and the elements behind the most common infringement claims, citing the statute each time. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
The Short Answers: Deadlines, Courts, and Protection
- Patent claims are filed in federal court only (28 U.S.C. 1338(a)), and the six-year damages limit in 35 U.S.C. 286 makes early action important.
- Infringing a registered mark means using a reproduction, counterfeit, copy, or colorable imitation in a way likely to cause confusion (15 U.S.C. 1114(1)(a)).
- Register first, sue second. No civil action for infringement of the copyright in a United States work can be instituted until registration has been made or refused in the way the statute provides (17 U.S.C. 411(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)).
- Where is my case filed? Washington is in the Southern District of Georgia, and that court holds court in Augusta, Dublin, Savannah, Waycross, Brunswick, and Statesboro (28 U.S.C. 90).
Which Type of Protection Fits Your Situation
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 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)).
A trade secret is information the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known to, and not being readily ascertainable through proper means by, another person (18 U.S.C. 1839(3)). The statute covers financial, business, scientific, and technical information such as patterns, plans, formulas, designs, methods, processes, programs, and codes.
Deadlines for Intellectual Property Claims
For copyright infringement, the statute sets three years from when the claim accrued (17 U.S.C. 507(b)), and registration or a refusal of registration must come before suit on a United States work (17 U.S.C. 411(a)).
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)).
For patent damages, the look-back is six years from the complaint (35 U.S.C. 286), which is separate from the 20-year patent term measured from the filing date (35 U.S.C. 154(a)(2)).
State-law claims, such as a claim under the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767) or a state trademark claim, have their own rules on limitation periods and on when a claim begins to run. Those are set by Georgia statutes and court decisions, so the dates should be checked by an attorney rather than assumed from the federal deadlines.
Protecting your work in Washington? Get matched with an attorney now.
What to Do Before a Dispute Starts
For a trademark, the owner of a mark used in commerce may request registration on the principal register by paying the prescribed fee and filing an application and a verified statement with the Patent and Trademark Office (15 U.S.C. 1051(a)(1)). A person with a bona fide intention to use a mark in commerce may also apply (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.
Registering a copyright before there is a dispute avoids a delay later. The statute says no civil action for infringement of the copyright in a United States work may be instituted until preregistration or registration has been made (17 U.S.C. 411(a)).
The filing date is what starts the patent clock (35 U.S.C. 154(a)(2)), so the timing of an application matters. An attorney can advise whether the invention fits the categories in 35 U.S.C. 101.
The Federal Court for Wilkes County
Under 28 U.S.C. 1338(a), the federal district courts have original jurisdiction over patent, plant variety protection, copyright, and trademark claims, and that jurisdiction is exclusive for patents, plant variety protection, and copyrights. A trademark claim can also be brought in state court.
Under 28 U.S.C. 90, Georgia’s counties are grouped into three federal districts. For Wilkes County, the court is the Southern District of Georgia, and it holds court in Augusta, Dublin, Savannah, Waycross, Brunswick, and Statesboro.
Georgia Law Alongside Federal Law
Georgia has a trade secret statute of its own, the Georgia Trade Secrets Act of 1990 (O.C.G.A. 10-1-760 to 10-1-767). A trade secret dispute from Washington can involve that statute, and the federal Defend Trade Secrets Act adds a civil action in federal court for a trade secret related to a product or service used in interstate or foreign commerce (18 U.S.C. 1836(b)(1), (c)).
Beyond the federal Lanham Act, a brand owner in Washington can look to Georgia’s own trademark registration system. Filings are made with the Georgia Secretary of State under O.C.G.A. 10-1-440 and following sections, 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.
The Basics of Each Type of Claim
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)).
A patent case is filed in federal district court (28 U.S.C. 1338(a)).
Confusing Similarity and Brand Protection
Infringement of a registered mark means using in commerce a reproduction, counterfeit, copy, or colorable imitation of the mark in connection with the sale, offering for sale, distribution, or advertising of goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
Trademark claims may be filed in federal court or in state court (28 U.S.C. 1338(a)).
Copying of Creative Work
For writing, images, music, or film, copyright protects the original expression fixed in a tangible medium (17 U.S.C. 102(a)) but never the underlying idea (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)).
Disputes Over Trade Secrets
The federal claim in 18 U.S.C. 1836(b)(1) is limited to trade secrets connected to interstate or foreign commerce, and the information must satisfy 18 U.S.C. 1839(3) to count as a trade secret at all.
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.
Injunctions and Money Damages by Type of Claim
In a patent case, the statute directs an award of damages adequate to compensate for the infringement and never less than a reasonable royalty, plus interest and costs, with increases of up to three times possible in the court’s discretion (35 U.S.C. 284). Injunctions are available in accordance with 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)).
The copyright statute offers two routes to money relief: actual damages and profits (17 U.S.C. 504(b)) or statutory damages of not less than $750 or more than $30,000 for infringements of any one work (17 U.S.C. 504(c)(1)).
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).
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)).
Not sure which type of protection applies? Get matched with an attorney.
Documents and Dates That Help
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.
Inventors should collect drawings, notes, and application numbers, and brand owners should collect the mark, examples of use, and any registration papers, before the first conversation.
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.
What to Know About Cases From Washington
The rules on this page are national or statewide, but the practical details are local. For a Washington claim that means Wilkes County and the Southern District of Georgia. Asking an attorney how long cases usually take there helps put the deadlines in context.
If the matter involves a crash, a fall, or another injury, our Washington personal injury attorney page is the better fit. We connect people in Athens, Augusta, and Conyers with local attorneys as well. To compare options across the state, visit our Georgia intellectual property directory.
Frequently Asked Questions
Can a patent case be brought in Georgia state court?
No. Patent claims are within the exclusive jurisdiction of the federal district courts (28 U.S.C. 1338(a)), so a case from Washington is filed in the Southern District of Georgia.
What is the difference between federal and Georgia trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Georgia registration is a separate filing made with the Georgia Secretary of State under O.C.G.A. 10-1-440 and following sections, 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.
What if a former employee took confidential information?
That can be a trade secret claim if the information meets the definition in 18 U.S.C. 1839(3), and the federal deadline is three years from discovery (18 U.S.C. 1836(d)). An attorney can review what was taken and what protections were in place.
Do I have to file in federal court?
For patents and copyrights, yes: the federal jurisdiction is exclusive (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court, and a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)).
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.
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.
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.
Take the Next Step in Your Washington Intellectual Property Matter
If you are unsure where to start, the form above is the simplest first step. It connects you with an attorney who can explain your options in Washington and what the next few weeks may involve.
