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Your Mangum 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 Mangum business, artist, or inventor, the first step is knowing which one is actually involved, and this page walks through how to tell. You will find the quick answers first, then the definitions, deadlines, registration, the courts, state law, and the basic elements of infringement claims, with the statute behind each point. Talking with an attorney who works in the Western District of Oklahoma can turn these general rules into a plan for your matter.
Deadlines and Courts: The Short Version
- 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).
- Trademark claims can go to federal or state court (28 U.S.C. 1338(a)), and Oklahoma’s own registration is a separate filing with the Oklahoma Secretary of State.
- 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)).
- Oklahoma has its own trade secret statute, the Uniform Trade Secrets Act (78 O.S. 85 to 95), and the federal action in 18 U.S.C. 1836 sits alongside it.
- Federal district: for Greer County, the Western District of Oklahoma under 28 U.S.C. 116, holding court in Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward.
Four Kinds of Intellectual Property and What Each Covers
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)).
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.
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.
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.
Trade secrets: a federal action under the Defend Trade Secrets Act may not be commenced later than 3 years after the misappropriation is discovered or, with reasonable diligence, should have been discovered, and a continuing misappropriation counts as a single claim (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.
The federal deadlines above do not decide state-law claims. Oklahoma sets its own limitation periods and accrual rules, and an attorney can tell you which apply to a trade secret or unfair competition claim brought under state law.
Protecting your work in Mangum? Get matched with an attorney now.
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.
Oklahoma also has its own trademark registration. A state filing is made with the Oklahoma Secretary of State under 78 O.S. 21 and following sections, is separate from the federal register, and does not replace a federal application.
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.
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.
Federal District Courts and Where They Sit
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.
By statute the state has three federal districts, known as the Northern, Eastern, and Western Districts of Oklahoma (28 U.S.C. 116). A federal case from Mangum is filed in the Western District of Oklahoma, where court is held at Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward.
What Oklahoma Law Can Add to Federal Protection
Owners of confidential information in Mangum can look to two sources: the Uniform Trade Secrets Act (78 O.S. 85 to 95) and the federal action in 18 U.S.C. 1836(b), which requires a connection to interstate or foreign commerce and has its own three-year deadline (18 U.S.C. 1836(d)).
Trademark protection has a state layer as well. A state trademark registration in Oklahoma is filed with the Oklahoma Secretary of State under 78 O.S. 21 and following sections, 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.
Types of Intellectual Property Claims
Claims That a Patent Is Being Infringed
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.
Both patent owners and people accused of infringing should collect the patent number, product samples, and dates early.
Trademark Claims
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)).
A person who believes he or she is or is likely to be damaged can bring the civil action under 15 U.S.C. 1125(a)(1).
Copyright Infringement
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)).
Keeping dated copies of drafts and finished work helps show what was created and when.
Disputes Over Trade Secrets
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)).
The Uniform Trade Secrets Act (78 O.S. 85 to 95) may provide state-law claims alongside the federal action, with their own deadlines.
What a Court Can Award or Order
For patents, 35 U.S.C. 284 sets the damages floor at a reasonable royalty and lets the court increase damages up to three times the amount found or assessed, and 35 U.S.C. 283 allows injunctions according to the principles of equity, on terms the court considers reasonable.
In trademark cases, courts have the power to enjoin violations (15 U.S.C. 1116(a)), and a plaintiff who establishes a violation may recover profits, damages, and costs, subject to sections 1111 and 1114 and the principles of equity (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)).
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.
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.
For a patent question, bring drawings, notes, prototypes, any patent or application numbers, and information about who has seen or used the invention. For a trademark, bring the name or logo, examples of how it is used, and any registration papers.
For copyright, gather the work, drafts with dates, and examples of copying. For a trade secret, gather what the information is, who could see it, and what confidentiality agreements or security measures applied.
A Note on Mangum and the Federal Court
A matter from Mangum belongs to Greer County and, when it is a federal case, to the Western District of Oklahoma. Local practice, such as how quickly cases are scheduled and how disputes are handled, shapes how the general rules on this page play out.
For the full list of Oklahoma communities we serve, see our Oklahoma intellectual property page. We connect people in Altus, Canute, and New Cordell with local attorneys as well. Hurt in an accident rather than dealing with a patent, trademark, or copyright issue? Read our Mangum personal injury page.
Frequently Asked Questions
What counts as patent infringement?
Without authority, making, using, offering to sell, or selling a patented invention in the United States, or importing one into the United States, during the term of the patent (35 U.S.C. 271(a)).
What is trademark infringement?
For a registered mark, it is using in commerce a reproduction, counterfeit, copy, or colorable imitation in connection with goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
Do I have to register a copyright before I sue?
For a United States work, yes. No civil action for infringement of the copyright may be instituted until preregistration or registration of the copyright claim has been made (17 U.S.C. 411(a)), with a provision for cases where registration was refused.
Can I sue in federal court over a stolen trade secret?
Yes, if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)). The federal district courts have original jurisdiction of these actions (18 U.S.C. 1836(c)).
Where does the federal court for Mangum hold court?
The Western District of Oklahoma holds court in Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward (28 U.S.C. 116).
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.
How long do I have to bring a copyright claim?
Three years after the claim accrued (17 U.S.C. 507(b)), and registration must come before suit on a United States work (17 U.S.C. 411(a)).
Can I protect software or written material?
Written material and other original expression fixed in a tangible medium can be protected by copyright (17 U.S.C. 102(a)), but not the underlying ideas, procedures, or methods of operation (17 U.S.C. 102(b)).
Take the Next Step in Your Mangum Intellectual Property Matter
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.
