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Your Weatherford Intellectual Property Attorney
If you are trying to protect an invention, a brand, or a creative work in Weatherford, or you have been accused of infringing someone else’s, you probably want plain answers about deadlines, courts, and what each kind of protection covers. Federal statutes set most of them, so many answers can be checked. 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 Custer County, and how Oklahoma law fits alongside federal law. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Deadlines and Courts: The Short Version
- 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)).
- 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.
- 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)).
- The federal court for Weatherford is the Western District of Oklahoma, with court held at Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward (28 U.S.C. 116).
Patents, Trademarks, Copyrights, and Trade Secrets Compared
For an invention, the question is whether it fits one of the four categories in 35 U.S.C. 101, and if a patent is granted, it lasts for 20 years measured from the application filing date (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.
Copyright protects expression, not ideas. The subject matter is original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and protection does not extend to any idea, procedure, process, system, or method of operation, however it is described (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.
Filing Deadlines and Damages Limits
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)).
A patent owner who waits loses damages: under 35 U.S.C. 286, no recovery may be had for infringement committed more than six years before the complaint. The patent itself lasts 20 years from filing (35 U.S.C. 154(a)(2)).
A Oklahoma state-law claim brings its own deadline and its own accrual rule. Both come from Oklahoma statutes and court decisions and should be reviewed by an attorney at the start of the matter.
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Registering and Protecting Your Rights
Registration on the federal principal register begins with an application and verified statement. The statute allows the owner of a mark used in commerce to apply (15 U.S.C. 1051(a)(1)) and separately a person with a bona fide intention to use (15 U.S.C. 1051(b)(1)).
State registration is a different filing from a federal application. In Oklahoma it is made with the Oklahoma Secretary of State under 78 O.S. 21 and following sections, and an attorney can tell you whether a state filing, a federal filing, or both suit your plans.
Copyright exists without a filing, but a lawsuit about a United States work requires preregistration or registration first (17 U.S.C. 411(a)). The standard term for a work created on or after January 1, 1978 is the life of the author and 70 years after the author’s death (17 U.S.C. 302(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.
Where an Intellectual Property Case From Weatherford Is Filed
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.
The federal court for Weatherford is the Western District of Oklahoma. The statute sets the district by county (28 U.S.C. 116), and that court holds court in Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward.
Trade Secrets and Trademarks Under Oklahoma 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 Weatherford may also raise a claim under the Uniform Trade Secrets Act (78 O.S. 85 to 95). Which claims fit depends on the facts.
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).
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 Basics of Each Type of Claim
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.
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 Infringement and Brand Disputes
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).
Copying of Creative Work
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)).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
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).
The federal action has a three-year deadline running from discovery, or from when reasonable diligence should have led to discovery (18 U.S.C. 1836(d)).
Injunctions and Money Damages by Type of Claim
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.
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)).
The registration date can decide whether statutory damages and attorney’s fees are available at all. Section 412 of the copyright statute bars them for infringement commenced before registration, subject to a three-month window after 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)).
Protecting an idea, brand, or creative work in Weatherford? Talk to an attorney about your deadlines.
What to Gather Before You Talk to an Attorney
Before you talk to anyone, list the key dates in order. Copyright and federal trade secret deadlines run from accrual and discovery, and patent damages look back from the complaint, so a clean timeline shows where you stand.
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.
Creators should bring the work itself, dated drafts, and examples of the copy. Owners of confidential information should bring a description of it, a list of who had access, and the steps taken to keep it secret.
Weatherford: Courts, Counties, and Getting Started
Deadlines and definitions are the same across Oklahoma, and the courthouse is not. A federal case from Weatherford is filed in the Western District of Oklahoma, and getting the timeline for that court from an attorney who practices there is a sound first step.
See where else we help people across Oklahoma in our Oklahoma intellectual property guide. People in this part of the state also look to our pages for Clinton, Hinton, and New Cordell. Injury claims follow different rules, covered on our Oklahoma personal injury attorney 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)).
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 Oklahoma law may offer additional protection.
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.
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)).
Where does the federal court for Weatherford 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.
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)).
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)).
Speak With Someone Who Handles Cases Like Yours
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.
