You can find the reference to Texas IP Attorney all over the web and if there was a legal practice inflation index – this would get the award for maximum growth. Clients like many law students and (sadly) some attorneys, have no clue what the term Texas IP Attorney even means. Here is a definition:
Texas IP Attorney – Lawyer who practices in the area of Intellectual Property which relates to the intellectual and creative products of the human mind (italics added to be qualified below).
By intellectual or creative products, I refer to a massive list of cognitive work product by humans including:
- Books, articles, treatises, poetry.
- Scientific theories, mathematical proofs.
- Software, machine language programs, all computer programs.
- Company names whether word marks or logos.
- Trade Secrets and confidential information including company sales techniques, processes, client lists, employee incentives, vendor lists.
- Products or processes which can be patented as to mechanical systems.
- Products or processes which can be patented relating to biotech including pharma, genetic processes (with patent restrictions currently), and medical devices.
- Original artwork, pictures, videos, screenplays, plays.
And this is just a partial list.
The challenge for Texas IP Attorneys is to have the experience to advise clients as to the identification of IP and critically how to protect it. It is a complex area, but here is a quick primer.
- Books, articles, treatises, poetry – IP Recommendation: Copyright
- Scientific theories, mathematical proofs. IP Recommendation: Copyright
- Software, machine language programs, all computer programs. IP Recommendation: Copyright/Patent/Trademark for APP logo
- Company names whether word marks or logos. IP Recommendation: Trademark
- Trade Secrets and confidential information including company sales techniques, processes, client lists, employee incentives, vendor lists. IP Recommendation: Trade Secret protection under Texas Uniform Trade Secrets Act and Contract Restrictions
- Products or processes which can be patented as to mechanical systems. IP Recommendation: Patent pending and Utility Patent
- Products or processes which can be patented relating to biotech including pharma, genetic processes (with patent restrictions currently), and medical devices. IP Recommendation: Patent Pending and Utility Patent
- Original artwork, pictures, videos, screenplays, plays. IP Recommendation: Copyright
In selecting your Texas IP Attorney make sure that he/she has the IP experience in all of the above areas!
As to my notes emphasized in italics, we are reaching the technological point where computers themselves are creating their own creative work product which qualifies as protectible IP. However, as discussed in one of my blogs, the law does not yet recognize non-human authors.
Also – genetic alterations cannot be patented yet under existing U.S. Supreme Court precedent. Hopefully, a new law will change that! Please see another one of my blogs.
If you are seeking a Texas IP Attorney, give us a call and find out about our Turing Technology Group. Our Founder, Charles Moster, heads this group as an IP lawyer, computer programmer, author, entrepreneur, and published/award winning playwright. He is also considered to be one of the leading Futurists in the United States.
