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Your Port Huron 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 Port Huron business, artist, or inventor, the first step is knowing which one is actually involved, and this page walks through how to tell. Below you will find the key deadlines at a glance, what each type of protection covers, the steps that come before a lawsuit, which federal court hears a case from St. Clair County, and how Michigan law fits alongside federal law. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Your Key Federal and Michigan Rules in One Place
- 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.
- Trademark claims can go to federal or state court (28 U.S.C. 1338(a)), and Michigan’s own registration is a separate filing with the Michigan Department of Licensing and Regulatory Affairs.
- 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)).
- Trade secrets get a federal 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)), filed in federal district court (18 U.S.C. 1836(c)).
- Federal district: for St. Clair County, the Eastern District of Michigan under 28 U.S.C. 102, holding court in Ann Arbor, Detroit, Flint, Port Huron, and Bay City.
Four Kinds of Intellectual Property and What Each Covers
Patents cover new and useful processes, machines, manufactures, and compositions of matter (35 U.S.C. 101). Protection lasts until 20 years after the date on which the application was filed in the United States (35 U.S.C. 154(a)(2)), so the filing date matters more than the date the patent issues.
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.
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)).
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)).
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.
Patent infringement damages reach back at most six years before the complaint (35 U.S.C. 286), so a suspected infringement is worth reviewing promptly.
Claims under Michigan 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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Steps That Strengthen a Claim Before It Is Needed
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.
In addition to the federal register, a business in Michigan can file for a state trademark registration with the Michigan Department of Licensing and Regulatory Affairs (see Act 242 of 1969 (MCL 429.31 and following sections)). The state filing is a separate process from the federal application.
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 application date controls the length of patent protection, which ends 20 years after filing (35 U.S.C. 154(a)(2)), so planning the filing is part of protecting the invention.
Which Court Handles a Claim From Port Huron
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.
Michigan is divided into two federal judicial districts (28 U.S.C. 102). St. Clair County is in the Eastern District of Michigan, which holds court in Ann Arbor, Detroit, Flint, Port Huron, and Bay City.
Trade Secrets and Trademarks Under Michigan Law
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 Port Huron may also raise a claim under the Uniform Trade Secrets Act (MCL 445.1901 to 445.1910). Which claims fit depends on the facts.
Trademark protection has a state layer as well. A state trademark registration in Michigan is filed with the Michigan Department of Licensing and Regulatory Affairs under Act 242 of 1969 (MCL 429.31 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.
The Basics of Each Type of Claim
Patent Infringement
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.
Damages are limited to infringement within the six years before the complaint (35 U.S.C. 286).
Trademark and Unfair Competition Claims
Two federal provisions do most of the work in trademark cases: 15 U.S.C. 1114(1)(a) for registered marks and 15 U.S.C. 1125(a)(1) for misleading uses of any word, term, name, symbol, or device, registered or not.
Evidence such as first-use dates, sales records, and examples of actual confusion is easiest to gather before a dispute escalates.
Disputes Over Writing, Images, Music, and Film
Whether copying is actionable begins with what is protected. Copyright subsists in original works fixed in a tangible medium (17 U.S.C. 102(a)) and does not reach ideas, procedures, processes, systems, or methods of operation (17 U.S.C. 102(b)).
A civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)).
Confidential Information and Departing Employees
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)).
Damages, Injunctions, and Other Relief
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 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)).
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.
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.
Facing an infringement dispute in Port Huron? Find out where your matter stands.
Preparing for a First Conversation
Write down a short timeline before the call: when the work or invention was made, when it was first shown to anyone, and when you learned of the problem. The federal deadlines above are measured from dates like these.
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.
A Note on Port Huron and the Federal Court
If you are protecting or defending intellectual property in Port Huron, a case that belongs in federal court is filed in the Eastern District of Michigan. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
If your matter is an injury claim instead of an intellectual property dispute, see our Port Huron personal injury page. Our coverage in this part of Michigan also includes Macomb, Clinton Township, and Utica. Our Michigan intellectual property hub brings together the state’s rules and every city page in one place.
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).
What is the difference between federal and Michigan trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Michigan registration is a separate filing made with the Michigan Department of Licensing and Regulatory Affairs under Act 242 of 1969 (MCL 429.31 and following sections), and it does not replace the federal one.
How long do I have to sue for copyright infringement?
A civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)).
Does Michigan have a trade secret statute?
Yes. It is the Uniform Trade Secrets Act (MCL 445.1901 to 445.1910). The federal Defend Trade Secrets Act provides a separate civil action (18 U.S.C. 1836), and an attorney can tell you which claims fit the facts.
Which court handles patent and copyright cases from Port Huron?
Both belong exclusively in federal district court (28 U.S.C. 1338(a)), which for Port Huron means the Eastern District of Michigan.
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.
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.
Can I protect a logo or slogan?
A word, name, symbol, or device used to identify and distinguish goods or services and indicate their source can be a trademark or service mark (15 U.S.C. 1127).
Connect With a Port Huron Intellectual Property Attorney
You do not have to work out the dates and rules alone. Fill out the form, and you will be connected with an attorney who can review your situation, the deadlines, and what a claim or filing may involve.
