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Your Harlan 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 Harlan 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 Harlan 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.
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)).
- 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)).
- Copyright lawsuits have a three-year clock from when the claim accrued (17 U.S.C. 507(b)), and a United States work must be registered before an infringement suit can be filed (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)).
- Federal district: for Harlan County, the Eastern District of Kentucky under 28 U.S.C. 97, holding court in Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond.
Four Kinds of Intellectual Property and What Each Covers
Inventions are the domain of patent law. The categories the statute names are processes, machines, manufactures, and compositions of matter (35 U.S.C. 101), and the patent term ends 20 years from the filing date of the application (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 original works of authorship fixed in any tangible medium of expression (17 U.S.C. 102(a)), such as literary, musical, dramatic, and pictorial works, motion pictures, sound recordings, and architectural works. It never extends to an idea, procedure, process, system, method of operation, concept, principle, or discovery (17 U.S.C. 102(b)).
If the valuable thing is confidential know-how, the question is trade secret. Both elements in 18 U.S.C. 1839(3) must be present: reasonable measures to keep the information secret, and independent economic value from its not being generally known.
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.
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)).
Patents: there is no recovery for infringement committed more than six years before the filing of the complaint or counterclaim for infringement (35 U.S.C. 286). Waiting can therefore shrink the damages available even when the patent itself is still in force.
Do not assume that a state-law claim follows the federal deadlines. Kentucky’s limitation periods and the point when a claim accrues are matters of Kentucky statutes and case law, and an attorney can check the dates for your particular claim.
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Registration Steps for Trademarks and Copyrights
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)).
Federal registration is not the only route. Kentucky’s trademark registration provisions, KRS 365.561 to 365.613, provide for a state filing with the Kentucky Secretary of State that operates separately from the federal register.
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)).
Inventors should keep the 20-year term measured from filing in mind (35 U.S.C. 154(a)(2)), and should confirm early with an attorney that the invention falls within 35 U.S.C. 101.
Which Court Handles a Claim From Harlan
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. 97, Kentucky’s counties are grouped into two federal districts. For Harlan County, the court is the Eastern District of Kentucky, and it holds court in Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond.
What Kentucky 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 Harlan may also raise a claim under the Uniform Trade Secrets Act (KRS 365.880 to 365.900). Which claims fit depends on the facts.
Trademark protection has a state layer as well. A state trademark registration in Kentucky is filed with the Kentucky Secretary of State under KRS 365.561 to 365.613, and it is separate from federal registration on the principal register (15 U.S.C. 1051).
Whether to plead federal claims, state claims, or both turns on the facts, and an initial conversation with an attorney is the way to sort that out.
The Claims Behind Most Intellectual Property Disputes
Patent Disputes
The basic patent infringement rule is in 35 U.S.C. 271(a): without authority, making, using, offering to sell, or selling a patented invention in the United States, or importing one, during the patent term.
The patent term is 20 years from the filing date (35 U.S.C. 154(a)(2)), so a case about an expired patent is limited to past infringement.
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 state registration in Kentucky (KRS 365.561 to 365.613) is different from federal registration on the principal register (15 U.S.C. 1051).
Copyright Claims
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)).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
Confidential Information and Departing Employees
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)).
Federal district courts have original jurisdiction over these actions (18 U.S.C. 1836(c)).
What a Court Can Award or Order
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).
A brand owner who establishes a violation may recover the defendant’s profits, damages sustained, and costs (15 U.S.C. 1117(a)), and can ask the court for an injunction to stop the violation (15 U.S.C. 1116(a)), both subject to the principles of equity.
Copyright damages can be measured by the owner’s actual damages and the infringer’s attributable profits (17 U.S.C. 504(b)), or by statutory damages between $750 and $30,000 per work as the court considers just (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).
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.
Not sure which type of protection applies? Get matched with an attorney.
What an Attorney Will Want to See
Bring a simple chronology. When was the work created, when was it first shared or sold, and when did you first notice the copying or use? Many of the deadlines on this page run from those events.
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.
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 Harlan
The rules on this page are national or statewide, but the practical details are local. For a Harlan claim that means Harlan County and the Eastern District of Kentucky. Asking an attorney how long cases usually take there helps put the deadlines in context.
The Kentucky intellectual property overview covers every city we serve across the state. We also match people with intellectual property attorneys in Hazard, Barbourville, and London. If the matter involves a crash, a fall, or another injury, our Harlan personal injury attorney page is the better fit.
Frequently Asked Questions
Where is a patent infringement case filed?
In federal district court. The district courts have original jurisdiction of civil actions arising under patent law, and that jurisdiction is exclusive (28 U.S.C. 1338(a)). For Harlan, that is the Eastern District of Kentucky.
Can I register my business name or logo as a trademark?
A word, name, symbol, or device used to identify and distinguish goods and indicate their source is a trademark (15 U.S.C. 1127), and the owner of a mark used in commerce may request federal registration (15 U.S.C. 1051(a)(1)).
How long does a copyright last?
For a work created on or after January 1, 1978, the life of the author and 70 years after the author’s death (17 U.S.C. 302(a)), with different rules for joint works, anonymous and pseudonymous works, and works made for hire.
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.
Which court handles patent and copyright cases from Harlan?
Both belong exclusively in federal district court (28 U.S.C. 1338(a)), which for Harlan means the Eastern District of Kentucky.
Can I register a trademark with the state of Kentucky?
Yes. A state registration is filed with the Kentucky Secretary of State under KRS 365.561 to 365.613, 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 business idea?
An idea by itself is not protected by copyright (17 U.S.C. 102(b)). An invention that fits a category in 35 U.S.C. 101 may be patentable, and confidential business information may qualify as a trade secret (18 U.S.C. 1839(3)).
Talk to an Attorney About Your Harlan Matter
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.
