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Your Polson 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 Polson. 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 Lake County, and how Montana law fits alongside federal law. These rules apply across Montana, and an attorney familiar with the District of Montana can explain what to expect there.
Deadlines and Courts: The Short Version
- 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.
- 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 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)).
- 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 Lake County, the District of Montana under 28 U.S.C. 106, holding court in Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula.
Which Type of Protection Fits Your Situation
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.
If the issue is a business name, logo, or slogan, the question is trademark, which the Lanham Act defines as a word, name, symbol, or device that identifies and distinguishes goods and indicates their source (15 U.S.C. 1127), with service marks covering services.
For creative work, copyright arises in original works of authorship fixed in a tangible medium of expression (17 U.S.C. 102(a)). The limit in 17 U.S.C. 102(b) means the underlying idea or method is not protected even when the way it is expressed is.
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.
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)).
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)).
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.
Do not assume that a state-law claim follows the federal deadlines. Montana’s limitation periods and the point when a claim accrues are matters of Montana statutes and case law, and an attorney can check the dates for your particular claim.
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Steps That Strengthen a Claim Before It Is Needed
The Lanham Act sets two routes to the principal register: use in commerce (15 U.S.C. 1051(a)(1)) and a bona fide intention to use (15 U.S.C. 1051(b)(1)). Each requires an application, a verified statement, and the prescribed fee.
State registration is a different filing from a federal application. In Montana it is made with the Montana Secretary of State under Part 3 of Chapter 13 of Title 30 of the Montana Code Annotated, and an attorney can tell you whether a state filing, a federal filing, or both suit your plans.
For copyright, protection attaches to original works fixed in a tangible medium (17 U.S.C. 102(a)), but before an infringement suit on a United States work can be instituted, preregistration or registration of the copyright claim must have been made (17 U.S.C. 411(a)). A work created on or after January 1, 1978 lasts for the life of the author plus 70 years (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.
Which Court Handles a Claim From Polson
Federal law fixes the forum for most intellectual property claims: exclusive federal jurisdiction over patents and copyrights (28 U.S.C. 1338(a)), original federal jurisdiction over Defend Trade Secrets Act claims (18 U.S.C. 1836(c)), and concurrent state jurisdiction over trademarks.
Montana constitutes one federal judicial district, the District of Montana (28 U.S.C. 106), so a federal case from Polson is filed there. The court holds court in Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula.
Montana Law Alongside Federal Law
Trade secret claims are not only federal. The Uniform Trade Secrets Act (MCA 30-14-401 to 30-14-408) 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 Montana is filed with the Montana Secretary of State under Part 3 of Chapter 13 of Title 30 of the Montana Code Annotated, and it is separate from federal registration on the principal register (15 U.S.C. 1051).
The details of a state-law claim depend on the facts, and an attorney can explain which of the federal and state claims fit a particular dispute.
The Claims Behind Most Intellectual Property Disputes
Using an Invention Without Permission
A patent claim asks whether the accused product or process is covered by the patent and whether the accused party acted without authority. The forms of infringement listed in 35 U.S.C. 271(a) are making, using, offering to sell, selling, and importing.
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.
Trademark Claims
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.
Evidence such as first-use dates, sales records, and examples of actual confusion is easiest to gather before a dispute escalates.
Copyright Infringement
In a copyright case, the first questions are whether the work is protected at all under 17 U.S.C. 102(a) and whether what was copied was protected expression rather than an idea or method excluded by 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
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).
A continuing misappropriation is treated as a single claim for the federal deadline (18 U.S.C. 1836(d)).
Damages, Injunctions, and Other Relief
The patent statute provides for damages adequate to compensate for the infringement, not less than a reasonable royalty (35 U.S.C. 284), and for injunctions to prevent the violation of a patent right (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)).
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.
In federal trade secret cases the court can enjoin actual or threatened misappropriation, award damages for loss and unjust enrichment or a reasonable royalty, and, for willful and malicious misappropriation, exemplary damages up to 2 times the damages awarded (18 U.S.C. 1836(b)(3)).
Was your work copied or your brand used without permission? Talk to an attorney in Lake County.
Getting Your Records in Order
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.
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.
A Note on Polson and the Federal Court
The rules on this page are national or statewide, but the practical details are local. For a Polson claim that means Lake County and the District of Montana. Asking an attorney how long cases usually take there helps put the deadlines in context.
If your matter arose in a different city, start from our statewide Montana intellectual property directory. Intellectual property matters in the surrounding area are covered on our pages for Ronan, Hot Springs, and St. Ignatius. For a personal injury rather than an intellectual property question, our Polson personal injury page explains the Montana rules.
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).
Does an unregistered brand have any protection?
Possibly. A civil action can be brought under 15 U.S.C. 1125(a)(1) by a person who believes he or she is or is likely to be damaged by a false designation of origin likely to cause confusion, and Montana law may offer additional protection.
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)).
How long do I have to bring a trade secret claim under federal law?
Three years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered, and a continuing misappropriation counts as a single claim (18 U.S.C. 1836(d)).
How many federal districts does Montana have?
Montana has one federal judicial district: the District of Montana (28 U.S.C. 106).
Do federal deadlines apply to Montana state-law claims?
Not automatically. Montana state-law claims have their own limitation periods and accrual rules, set by Montana statutes and court decisions, and an attorney should check them.
When does the trade secret clock start?
From the date the misappropriation is discovered or, by reasonable diligence, should have been discovered (18 U.S.C. 1836(d)).
How do I keep information as a trade secret?
Take reasonable measures to keep it secret, because that is one of the two elements of the definition (18 U.S.C. 1839(3)), and consult an attorney about what measures are reasonable for your business.
Talk to an Attorney About Your Polson Matter
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.
