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Your Midland Intellectual Property Attorney
Finding out that someone is using your invention, your name, or your creative work without permission is unsettling. This page explains the federal and Texas rules that most often decide how an intellectual property matter from Midland unfolds. 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 Martin and Midland counties, and how Texas law fits alongside federal law. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
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.
- Trademarks can be registered federally and in Texas. The federal register is set up by 15 U.S.C. 1051, and state registration is filed with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code.
- 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)).
- Texas has its own trade secret statute, the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code 134A.001 to 134A.008), and the federal action in 18 U.S.C. 1836 sits alongside it.
- Federal district: for Martin and Midland counties, the Western District of Texas under 28 U.S.C. 124, holding court in Austin, Waco, El Paso, San Antonio, Del Rio, Pecos, Alpine, and Midland.
The Four Main Areas of Intellectual Property Law
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 brand is protected as a trademark when it functions to identify and distinguish goods from those of others and to indicate the source of the goods (15 U.S.C. 1127). The same statute defines a service mark for the source of services.
Writing, music, images, film, software text, and similar creative work are the subject of copyright, which subsists in original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)). The statute is equally clear about what is excluded: ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries (17 U.S.C. 102(b)).
Trade secret protection depends on two things: the owner took reasonable measures to keep the information secret, and the information has independent economic value because it is not generally known or readily ascertainable (18 U.S.C. 1839(3)). Formulas, methods, processes, programs, and codes can all qualify.
Time Limits That Matter in Patent, Copyright, and Trade Secret Cases
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.
For a federal trade secret claim, the three years run from discovery of the misappropriation, or from when it should have been discovered by reasonable diligence, and a continuing misappropriation is treated as a single claim (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.
Claims under Texas 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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Federal and Texas Trademark Registration
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)).
Texas also has its own trademark registration. A state filing is made with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code, is separate from the federal register, and does not replace a federal application.
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.
Federal and State Courts for Intellectual Property Claims
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.
The Western District of Texas covers Martin and Midland counties under 28 U.S.C. 124, and its places of holding court are Austin, Waco, El Paso, San Antonio, Del Rio, Pecos, Alpine, and Midland. Because Midland lies in more than one county, it is worth confirming which county the matter falls in.
State-Law Rules for Trademarks and Trade Secrets
Texas has a trade secret statute of its own, the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code 134A.001 to 134A.008). A trade secret dispute from Midland can involve that statute, and the federal Defend Trade Secrets Act adds a civil action in federal court for a trade secret related to a product or service used in interstate or foreign commerce (18 U.S.C. 1836(b)(1), (c)).
Federal trademark law under 15 U.S.C. 1114 and 1125 sits alongside Texas’s registration system, which runs through the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code. The two operate separately.
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.
What Kinds of Intellectual Property Cases Come Up?
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.
Because the six-year damages limit in 35 U.S.C. 286 runs back from the complaint, delay can reduce what is recoverable.
Confusing Similarity and Brand Protection
For a registered mark, the core question is whether the defendant’s use of a reproduction, copy, counterfeit, or colorable imitation is likely to cause confusion, mistake, or deception in connection with goods or services (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 Claims
Creative disputes involve two threshold points: the work must be an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and the claim cannot rest on an idea or system (17 U.S.C. 102(b)).
Keeping dated copies of drafts and finished work helps show what was created and when.
Protecting Confidential Business Information
Trade secret cases often turn on whether the owner took reasonable measures to keep the information secret and whether it has independent economic value from not being generally known, the two elements of 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)).
Injunctions and Money Damages by Type of Claim
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)).
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)).
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.
The Defend Trade Secrets Act lists the remedies: an injunction, damages for actual loss and unjust enrichment (or a reasonable royalty), exemplary damages of not more than 2 times the damages for willful and malicious misappropriation, and attorney’s fees in the situations the statute names (18 U.S.C. 1836(b)(3)).
Facing an infringement dispute in Midland? Find out where your matter stands.
What an Attorney Will Want to See
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
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.
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 Midland
Midland matters that reach federal court are heard in the Western District of Texas. 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.
If your matter arose in a different city, start from our statewide Texas intellectual property directory. Related city pages in this region: Odessa, San Angelo, and Lubbock. If your matter is an injury claim instead of an intellectual property dispute, see our Midland 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 the difference between federal and Texas trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Texas registration is a separate filing made with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code, and it does not replace the federal one.
Which court hears a copyright case from Midland?
The federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)). For Midland, that is the Western District of Texas.
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 Texas 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.
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 business idea?
An idea by itself is not protected by copyright (17 U.S.C. 102(b)). An invention that fits a category in 35 U.S.C. 101 may be patentable, and confidential business information may qualify as a trade secret (18 U.S.C. 1839(3)).
Take the Next Step in Your Midland Intellectual Property Matter
An intellectual property matter is easier to handle with someone reading the documents alongside you. Submit the form to be connected with an attorney who can go over your work, the deadlines, and the court for Martin and Midland counties.
