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Intellectual property (IP) refers to innovations of the mind and your rights to them such as inventions, literary and artistic works, names, images, and designs used in commerce to name a few. Some examples of cases IP lawyers in Illinois handle are trademark (e.g. ownership over a logo or phrase), patent (e.g. ownership of inventions), and copyright (e.g. your legal rights to poems, plays, and artistic works) cases.

IP lawyers in Illinois can handle a large variety of cases although many are narrowly focused in their practice. In other words, just because someone is an intellectual property lawyer in Illinois doesn’t mean they handle trademarks. They may have carved out a niche in helping people who want to get a patent or protect their patent rights. In general though, an intellectual property lawyer can handle something as simple as reviewing a publishing contract or as complex as a lawsuit alleging that an invention was stolen.

Many IP lawyers also have a background in one of the sciences, such as chemistry or engineering. Depending on your case, your attorney should have the background to understand what is at the heart of the matter. For example, if your matter involves a chemical formula, you want to be sure to hire an attorney who understands chemistry so that you get the best representation possible. Other characteristics to look for include the following:

• Years of experience practicing intellectual property law. You do not want an attorney who is going to be learning on the job with your case.
• A track record of success handling matters like yours. Your attorney should be able to point to specific examples of matters like yours that he has successfully handled.
• An in-depth knowledge of the law that applies to your case, whether its patents, trademark or copyright. Intellectual property law is extremely intricate and complicated. Your lawyer should know the law that applies to your case and what to look for and what to avoid while handling your matter.
• A professional attitude. You are the customer. Your attorney should return phone calls and emails promptly and always treat you with respect, including answering all of your questions in plain English.

The above list is not exhaustive but these are characteristics that we strongly recommend you look for.

Protecting your innovation not only ensures that you get credit for it, but also ensures that you get any profits generated from your idea. A good IP lawyer will also walk you through the process of deciding what is able to be protected, finding out if anyone else has applied for protection of the same thing and determining the best course of action to either protect or defend your intellectual property rights.

IP lawyers typically charge by the hour and the amount that they will charge would depend on the type of case that you have. In some cases where you are suing someone else for violating your IP rights, a lawyer might take the case on a contingency basis, which means that they don’t get paid unless they win. For example, if you were suing NBC or CBS for stealing a TV show idea that you submitted to them, and the attorneys took the case on a contingency basis, you would not have to pay them any money unless they recovered damages for you.

Your initial consultation should be free. Some of the things your lawyer might want to see include emails, letters, notes and drawings, for example. Try to keep your records as organized as possible to help your lawyer help you.

If you have any questions about this process or need help finding an attorney, please do not hesitate to contact us at any time.