If you’ve invented something, whether it’s a product, a process, a brand, or even just an idea, you’ve probably been told you need to “protect your intellectual property.” So what does that mean, exactly? And perhaps more importantly, do you need an intellectual property lawyer to accomplish it?
The short answer: not always. But in most situations, the answer tends toward yes. Because, while you might be able to file a trademark or copyright application yourself, protecting intellectual property is about a lot more than paperwork. And if you are a business owner? It’s seldom something you want to leave to luck.
What Is Covered By Intellectual Property?
First, let’s clarify what we’re talking about.
Intellectual property (IP) is intangible property that you made (but isn’t physical) and still has value. That can be inventions, designs, logos, written text, product names, proprietary software, trade secrets, or even just customer lists.
These assets don’t appear on a balance sheet, but they can be an organization’s lifeblood and path to growth. In some cases, they are the business. So it’s no surprise that intellectual property rights are so important, and why IP protection isn’t a force to mess with.
There are different forms of protection within IP law, and each entails their rules and legal intricacies:
Patent law (protects inventions and processes)
Trademark law (protects names, logos, and branding)
Copyright law (protects original works of authorship)
Trade secret law (protects confidential business information)
Understanding how these categories apply to your situation? That’s where an experienced IP attorney comes in.
Can You File Intellectual Property Rights Yourself?
Technically, yes. You could also file a copyright application with the U.S. Copyright Office and to USPTO. Can you draft your own patent application and file it? But it’s not just a matter of checking some boxes.
One overlooked detail, one misplaced category, or one badly drafted claim could result in a rejected filing or, even worse, inadequate protection that could expose your intellectual property. And unfortunately, many of these errors don’t surface until it’s too late. When you try to enforce IP rights, that’s when gaps in protection show up.
Working with an intellectual property attorney early on can help you avoid costly missteps and put a real strategy in place, one tailored to your business, your goals, and your risks.
Why Legal Guidance Matters
An IP lawyer doesn’t just help you file. They help you think long-term. For example:
Are you planning to license your IP to others? Your attorney can draft strong license agreements and help you understand licensing fees and revenue options.
Are you working with employees or contractors? You’ll need agreements in place to ensure your business—not the individual—owns the IP.
Are you developing something that blends public knowledge with proprietary innovation? You’ll need to distinguish what’s protectable, and how to protect it.
Each of these steps comes with real legal implications. A well-structured attorney-client relationship gives you access to professional guidance before those implications become problems.
Patents Are A Complex Part of Intellectual Property Law
Patents are arguably the most complicated mode of protecting intellectual property and the most misunderstood.
To get a U.S. patent, you must submit an application to the USPTO that is detailed and very specific. It’s a process that includes the submission of scientific disclosures, legal claims, prior art references, and, in many cases, dialogue with an examiner.
Only a registered patent attorney is trained specifically to do this, they are not only well-versed in patent law, but also have experience in science or engineering. Even if you are an inventor or a business that wishes patent protection, hiring a patent attorney isn’t a matter of convenience, as it is of necessity. It’s how you make sure your invention is protected properly, right from the start.
Trade Secrets, Trademarks, And Everything In Between
Not all intellectual property is registered.
Trade secrets, for example, rely on internal protections—non-disclosure agreements, confidentiality policies, and tight control over who knows what. Without the right legal framework, once a secret gets out, it’s gone.
Similarly, trademark protection goes beyond simply filing with the trademark office. It involves:
Conducting proper clearance searches
Understanding trademark classes
Avoiding likelihood-of-confusion issues
Monitoring for infringement
Enforcing your rights when necessary
This is where a law firm’s IP team becomes more than just helpful—they become your partner in protecting what matters.
The Cost of DIY Vs. The Cost of Getting It Wrong
We get it: legal fees can be a big upfront expense, particularly for startups and small businesses. But the truth is that attempting to protect your IP yourself can sometimes be a recipe for even more costly issues down the line. Invalid protections, a bad registration, or an unenforceable contract can put your entire brand or product at risk. And recovering from that? It’s rarely cheap or easy.
If you work with an intellectual property lawyer from the start, you’re not just writing checks to have forms filed. You’re investing in clarity, in security, and in the ability to grow your business with conviction.
When You Should Hire An IP Lawyer
While some business owners can get by without legal help for minor filings, here are a few scenarios where hiring an IP attorney is strongly advised:
You’re applying for a United States patent or are already a patent owner
You’re launching a new brand and want to secure trademark protection
You’re drafting or negotiating license agreements
You need to enforce IP rights or respond to infringement
You’re protecting trade secrets or proprietary processes
You’re expanding internationally and need multi-jurisdictional protection
You’re raising investment, and must document your IP assets clearly
In any of these cases, a knowledgeable legal team can provide not just protection, but peace of mind.
Our Role As Your Intellectual Property Partner
At Beard St Clair Gaffney, we practice IP law strategically, with a focus on our clients. We know that each company is unique, and so are its IP needs. Whether you are an entrepreneur developing a brand, an inventor developing software in a crowded marketplace, or an established business seeking to protect trade secrets, our IP lawyers have your back.
We are involved in all aspects related to IP protection, from origination and filing strategies to enforcement, licensing, and litigation assistance. And we do it with the personal care that creates enduring attorney-client relationships. Your ideas matter. Your brand matters. You deserve real-world protection for your business.
Ready To Protect Your Intellectual Property?
Whether you’re trying to figure out your next move or you’re ready to file, we have the legal resources you need. Our team understands the value of both tangible assets and intangible assets, and we’re committed to helping you protect them. Contact our experienced intellectual property attorney now to set up a consultation and receive the guidance you need to proceed with confidence.
We support businesses in developing strategies based on their specific needs, ensuring that you outshine and outlast the competition for years to come. Whether you’re defending your rights or seeking remedies for infringement, our firm will advocate for your interests while working to recover damages, including potential attorney’s fees.
Protecting intellectual property isn’t just about legal defense, it’s a key driver of economic growth. We want to help you protect your creations and keep your business running.
