by Traverse Legal, reviewed by Enrico Schaefer - September 18, 2025 - Copyright Law, Trademark Law
Most businesses misprice their core asset: invisible IP. The value sits in the codebase, design language, and brand architecture, not necessarily the office lease or product inventory. These intangible products govern defensibility and drive long-term equity value. Competitors can copy those faster than you think, and an IP lawyer’s job is to make sure this does not occur.
In reality, the IP lawyer’s job is knowing what to protect, when to act, and how to turn protection into leverage. Think of us as part strategist, part bodyguard, part deal-broker. We figure out what’s worth protecting, put fences around it, and then step in when someone crosses the line.
IP is a catch-all for four different kinds of protection. Copyrights cover creative works, which include everything from a film script to software code. Patents guard inventions and technical solutions. Trademarks are your signals to the market: names, logos, taglines. And trade secrets? It protects the confidential stuff, from the recipes, algorithms, or methods you don’t want out in the open.
The lines blur. One app can trigger all four. The code is copyrighted. The algorithm behind it might be patented. The name and logo are trademarks. The data powering it could be a trade secret. This kind of overlap is where most businesses get confused, and it’s usually the first thing a good IP lawyer straightens out.
Most people think IP lawyers “file the paperwork.” And yes, we handle filings, but that’s baseline.
No two businesses look the same. A startup building an app might need patents for its technology, copyrights for its code, and trademarks for its name and logo. A local restaurant chain? Probably less about patents and more about trade secrets, which would include recipes and supplier contracts. You need an IP lawyer to cut through the noise and target protection aligned with business value and not what you assumed was essential.
Once the strategy is set, we handle the filings. This could mean trademark applications at the USPTO, copyright registrations, or the complex process of drafting patents. The “prosecuting” part is simply working with examiners who review the applications, arguing when they push back, fixing issues, and making sure the asset gets locked in. Skip a step, and you can lose protection before it ever starts.
Every business has blind spots. An audit is like a check-up; we look at what you’ve got and ensure it’s protected. I’ve had clients discover they’d been using a brand name for years but never registered it. Or worse, their employee agreements didn’t transfer inventions to the company. Catching these early saves a lot of money (and lawsuits) later.
Trademarks need renewals, patents expire, and new assets get created every year. Part of the lawyer’s role is keeping the portfolio alive and aligned with where the business is going. If you’re raising money or planning an acquisition, investors will want to see the crown jewels, your IP, are in order.
Getting rights on paper is step one. Step two is making sure people respect them. Here, enforcement and defense come in.
If someone copies your logo, steals your code, or imitates your product, an IP lawyer is the one who pushes back. Sometimes it’s a simple cease-and-desist letter. Other times it means negotiating a license or heading to court. Enforcement safeguards the commercial value of your brand or invention, and if you don’t act, you can lose distinctiveness and eventually the legal right itself.
In some cases, you may be the one accused of infringement, a scenario more common than most expect. A company launches with a new name only to find out someone else claimed it first. Another case would be a developer using an open-source code without realizing it carried restrictions. When you’re on the receiving end, an IP lawyer defends your position by challenging the claim, negotiating a settlement, or limiting damages.
In both roles, the job is legal and strategic. Do you fight, settle, or license? The right move depends on the risk, the cost, and what your business needs long-term.
Intellectual property isn’t always something you keep locked up. It’s licensed, sold, shared, and sometimes traded as part of a bigger deal, and that’s where contracts come in.
Every IP deal sets the rules of engagement: ownership, usage, and fallout. A single misstep in the language can surrender proprietary tech or fail to block a competitor’s clone. Strong counsel draws sharp lines to determine who owns what, who gets access, and on what terms.
IP structuring shapes outcomes, from funding, expansion, and exit terms. The right lawyer takes care of the paper deals and also engineers leverage. From cleaning up rights pre-raise to hardwiring IP into an acquisition, they align intangible assets with growth strategy.
Most businesses wait too long to call an IP lawyer. By the time they do, a competitor has copied their product, an investor is asking about ownership, or a lawsuit has already landed on their desk. The truth is, it’s cheaper and easier to bring in legal help early.
Launch a brand. Ship a product. Expand globally. Face a copycat. These moments demand IP counsel. The right lawyer flags risk early before it bleeds leverage and aligns legal protection with the business outcome you’re driving.
At Traverse Legal, we turn ideas into enforceable assets. From first trademarks to global portfolios, we help startups, growth-stage companies, and established brands lock in their competitive edge.
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As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
