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Your Greybull 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 Wyoming rules that most often decide how an intellectual property matter from Greybull unfolds. 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. These rules apply across Wyoming, and an attorney familiar with the District of Wyoming can explain what to expect there.
The Short Answers: Deadlines, Courts, and Protection
- 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 Wyoming’s own registration is a separate filing with the Wyoming Secretary of State.
- 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)).
- Federal trade secret claims must be brought within 3 years after the misappropriation is discovered or should have been discovered with reasonable diligence (18 U.S.C. 1836(d)).
- Federal district: for Big Horn County, the District of Wyoming under 28 U.S.C. 131, holding court in Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan.
Which Type of Protection Fits Your Situation
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)).
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)).
Unlike a patent, a trade secret is kept private. The federal definition requires reasonable secrecy measures and independent economic value from not being generally known or readily ascertainable through proper means (18 U.S.C. 1839(3)).
Why Timing Matters in Intellectual Property Disputes
Three years is the copyright limit in 17 U.S.C. 507(b), measured from when the claim accrued. Registration comes first under 17 U.S.C. 411(a), so the clock and the registration process can overlap.
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)).
Six years is the number to know in patent cases: infringement more than six years before the complaint cannot be recovered on (35 U.S.C. 286).
State-law claims, such as a claim under the Uniform Trade Secrets Act (Wyo. Stat. 40-24-101 to 40-24-110) or a state trademark claim, have their own rules on limitation periods and on when a claim begins to run. Those are set by Wyoming statutes and court decisions, so the dates should be checked by an attorney rather than assumed from the federal deadlines.
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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)).
A Wyoming business can ask an attorney whether a state-level trademark filing with the Wyoming Secretary of State is worth adding to a federal application. The provisions are in Wyo. Stat. 40-1-101 to 40-1-116, and the two registrations are separate.
Owners of creative work should know that registration is a precondition to suing on a United States work (17 U.S.C. 411(a)), and that the duration for most later works is the life of the author plus 70 years (17 U.S.C. 302(a)).
A patent application starts the 20-year term (35 U.S.C. 154(a)(2)), and the invention must fit a statutory category such as a process, machine, manufacture, or composition of matter (35 U.S.C. 101). An attorney can review both points before you file.
Federal and State Courts for Intellectual Property Claims
The choice of court depends on the type of claim. Patent and copyright cases can only be filed in federal district court (28 U.S.C. 1338(a)), a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)), and trademark claims can go to federal or state court.
The federal court for Greybull is the District of Wyoming, which covers all of Wyoming (28 U.S.C. 131) and holds court in Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan.
Wyoming Law Alongside Federal Law
Wyoming has a trade secret statute of its own, the Uniform Trade Secrets Act (Wyo. Stat. 40-24-101 to 40-24-110). A trade secret dispute from Greybull 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)).
A state trademark registration in Wyoming is a different filing from federal registration (15 U.S.C. 1051). It is made with the Wyoming Secretary of State under Wyo. Stat. 40-1-101 to 40-1-116.
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.
Common Intellectual Property Claims
Claims That a Patent Is Being Infringed
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 and Unfair Competition Claims
Brand disputes often involve both a registered mark and one that has never been registered. Registered marks are protected against likely confusion under 15 U.S.C. 1114(1)(a), and 15 U.S.C. 1125(a)(1) covers false designation of origin more broadly.
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).
Protecting 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)).
Trade Secret Claims
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 (Wyo. Stat. 40-24-101 to 40-24-110) may provide state-law claims alongside the federal action, with their own deadlines.
What a Court Can Award or Order
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)).
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)).
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.
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)).
Have questions about a patent, trademark, copyright, or trade secret? Connect with an attorney.
Documents and Dates That Help
Start with the basics: what you created or invented, who was involved, and when each step happened. Dates matter because the deadlines described above run from events such as accrual of a claim, discovery of a misappropriation, or the filing of an application.
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.
Greybull: Courts, Counties, and Getting Started
Deadlines and definitions are the same across Wyoming, and the courthouse is not. A federal case from Greybull is filed in the District of Wyoming, and getting the timeline for that court from an attorney who practices there is a sound first step.
Hurt in an accident rather than dealing with a patent, trademark, or copyright issue? Read our Greybull personal injury page. Nearby communities we serve include Lovell, Byron, and Worland. See where else we help people across Wyoming in our Wyoming intellectual property guide.
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 Wyoming trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). Wyoming registration is a separate filing made with the Wyoming Secretary of State under Wyo. Stat. 40-1-101 to 40-1-116, 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)).
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)).
Do I have to file in federal court?
For patents and copyrights, yes: the federal jurisdiction is exclusive (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court, and a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)).
Can I bring both federal and Wyoming claims?
Often yes. A dispute can involve federal claims, such as under 15 U.S.C. 1114 or 18 U.S.C. 1836, and state-law claims under Wyoming law. An attorney can advise which to bring.
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)).
What should I do if someone copies my work?
Note the dates, keep copies, and speak with an attorney early, since deadlines such as three years for copyright (17 U.S.C. 507(b)) and six years of look-back for patent damages (35 U.S.C. 286) run from the events.
Talk to an Attorney About Your Greybull 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 Big Horn County.
