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Your Bowie 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 Bowie. The sections that follow cover what patents, trademarks, copyrights, and trade secrets protect, the filing deadlines, registration, the federal courts for Prince George’s County, Maryland’s own trademark and trade secret rules, and what an infringement claim involves. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
The Short Answers: Deadlines, Courts, and Protection
- 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).
- Federal trademark registration is available to the owner of a mark used in commerce or to a person with a bona fide intention to use one (15 U.S.C. 1051(a)(1), (b)(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)).
- Federal trade secret claims must be brought within 3 years after the misappropriation is discovered or should have been discovered with reasonable diligence (18 U.S.C. 1836(d)).
- Federal district: for Prince George’s County, the District of Maryland under 28 U.S.C. 100, holding court in places including Baltimore, Cumberland, and Denton.
Patents, Trademarks, Copyrights, and Trade Secrets Compared
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 trademark identifies and distinguishes goods and their source. The statute defines it as any word, name, symbol, or device, or any combination, used by a person, or which a person has a bona fide intention to use in commerce and applies to register, to identify and distinguish that person’s goods from those manufactured or sold by others and to indicate the source (15 U.S.C. 1127). A service mark does the same for 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)).
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)).
Why Timing Matters in Intellectual Property Disputes
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)).
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).
Do not assume that a state-law claim follows the federal deadlines. Maryland’s limitation periods and the point when a claim accrues are matters of Maryland statutes and case law, and an attorney can check the dates for your particular claim.
Protecting your work in Bowie? Get matched with an attorney now.
Federal and Maryland Trademark Registration
Federal trademark registration is available both to owners of a mark already used in commerce (15 U.S.C. 1051(a)(1)) and to a person with a bona fide intention, in good faith, to use a mark in commerce (15 U.S.C. 1051(b)(1)), through an application and a verified statement filed with the Patent and Trademark Office.
Federal registration is not the only route. Maryland’s trademark registration provisions, Md. Code, Business Regulation 1-401 and following sections, provide for a state filing with the Maryland Secretary of State that operates separately from the federal register.
A copyright owner cannot file an infringement action on a United States work before registration has been made (17 U.S.C. 411(a)), although a refusal of registration can also open the door to suit if the Register of Copyrights is notified and served with the complaint.
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 Bowie Is Filed
The choice of court depends on the type of claim. Patent and copyright cases can only be filed in federal district court (28 U.S.C. 1338(a)), a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)), and trademark claims can go to federal or state court.
The federal court for Bowie is the District of Maryland, which covers all of Maryland (28 U.S.C. 100) and holds court in places including Baltimore, Cumberland, and Denton.
State-Law Rules for Trademarks and Trade Secrets
Trade secret claims are not only federal. The Maryland Uniform Trade Secrets Act (Md. Code, Com. Law 11-1201 to 11-1209) may apply to the same facts, and the federal statute provides its own civil action when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)).
Trademark protection has a state layer as well. A state trademark registration in Maryland is filed with the Maryland Secretary of State under Md. Code, Business Regulation 1-401 and following sections, and it is separate from federal registration on the principal register (15 U.S.C. 1051).
A lawyer can compare the federal and state routes for your situation and explain the tradeoffs.
What Kinds of Intellectual Property Cases Come Up?
Patent Claims and Defenses
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.
Trademark and Unfair Competition Claims
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.
Evidence such as first-use dates, sales records, and examples of actual confusion is easiest to gather before a dispute escalates.
Copyright Infringement
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)).
Keeping dated copies of drafts and finished work helps show what was created and when.
Trade Secret Misappropriation
A federal trade secret claim requires a trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), and the information must meet the definition of a trade secret in 18 U.S.C. 1839(3): reasonable secrecy measures and independent economic value.
Federal district courts have original jurisdiction over these actions (18 U.S.C. 1836(c)).
What a Successful Claim Can Recover
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).
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)).
A copyright owner can choose between actual damages plus the infringer’s profits attributable to the infringement, and statutory damages (17 U.S.C. 504(a), (b)), and statutory damages range from $750 to $30,000 per work as the court considers just (17 U.S.C. 504(c)(1)).
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.
For a misappropriated trade secret, 18 U.S.C. 1836(b)(3) authorizes an injunction against actual or threatened misappropriation, damages for actual loss and unjust enrichment or a reasonable royalty, exemplary damages up to 2 times for willful and malicious misappropriation, and reasonable attorney’s fees to the prevailing party in stated situations.
Protecting an idea, brand, or creative work in Bowie? Talk to an attorney about your deadlines.
Documents and Dates That Help
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.
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.
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.
Local Court Details for Bowie
Bowie matters that reach federal court are heard in the District of Maryland. 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 Bowie can use the Maryland intellectual property listings to find their own city. If your matter involved another town in the area, see our pages for Glenarden, New Carrollton, and Greenbelt. If your matter is an injury claim instead of an intellectual property dispute, see our Bowie personal injury page.
Frequently Asked Questions
How far back can I recover damages for patent infringement?
Six years before the complaint. No recovery may be had for infringement committed more than six years before the filing of the complaint (35 U.S.C. 286).
What is the difference between federal and Maryland trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Maryland registration is a separate filing made with the Maryland Secretary of State under Md. Code, Business Regulation 1-401 and following sections, and it does not replace the federal one.
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 do I have to show to protect a trade secret?
The two elements of the definition: that you took reasonable measures to keep the information secret, and that it has independent economic value from not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Are trade secret cases filed in federal court?
A federal trade secret action under 18 U.S.C. 1836 is filed in federal district court (18 U.S.C. 1836(c)), and Maryland state-law claims are separate claims.
Does state registration replace federal registration?
No. A state registration, where one is available, is a separate filing from federal registration on the principal register (15 U.S.C. 1051), and each operates on its own.
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.
Connect With a Bowie Intellectual Property Attorney
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