Michigan Intellectual Property Lawyer
Intellectual Property Lawyer Michigan
If you’ve developed a new product, built a brand from the ground up, or created original work that sets your business apart, protecting that investment is not optional. It’s the difference between owning your competitive advantage and watching someone else profit from it.
At The Patent Baron PLLC, our founder J. Baron Lesperance has spent more than 20 years helping inventors, business owners, and creators across the state protect what they’ve built. Whether you need a patent filed, a trademark registered, or a copyright secured, our Michigan intellectual property lawyer brings an engineering background and deep legal knowledge to every matter we handle. If your ideas have value, they deserve real protection.
Why Choose The Patent Baron PLLC for Intellectual Property in Michigan?
An Attorney Who Understands Both the Law and the Technology
Most IP matters require more than legal analysis. They require someone who understands how things work. J. Baron Lesperance holds a Bachelor of Science in Mechanical Engineering from Lawrence Technological University and a Master of Science in Electrical and Computer Engineering from that same institution. He also earned a Juris Doctor and a Master of Laws in Intellectual Property from Cooley Law School, plus a Master of Science in International Administration from Central Michigan University.
That’s not a typical résumé for a lawyer, but it’s exactly the kind of background you want when your IP attorney needs to draft patent claims for a mechanical device, evaluate a design patent’s scope, or explain prior art to a patent examiner.
Mr. Lesperance is admitted to practice before the United States Patent and Trademark Office, the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, the United States District Court for the Eastern District of Michigan, the State Bar of Michigan, the District of Columbia, and the Law Society of Ontario in Canada. That range of admissions allows us to serve Michigan clients whose IP interests extend across state and national borders.
Proven IP Protection for Michigan Businesses
The Patent Baron PLLC has helped clients across Michigan recover and protect the value of their innovations. From patent filings and design patents to trademark registration and copyright licensing, we’ve worked with individual inventors, small businesses, and mid-size companies on hundreds of IP matters.
Our firm provides strategic counsel on IP portfolio management, helping businesses identify which assets deserve protection, which are at risk, and how to maximize the return on their IP investments.
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“I’ve had some trademark troubles recently. The Patent Baron called the very next morning upon me reaching out. Without any payment involved I was able to explain what I was going through and I was given multiple options along with lots of knowledge. I was not rushed and he made sure he covered everything I wanted to be covered before hanging up. This goes to say I will 100% use them for any future endeavors.” — Brian Schroer
Read more reviews on our Google Business Profile.
Types of Intellectual Property Cases We Handle in Michigan
We represent inventors, entrepreneurs, creatives, and businesses of all sizes across Michigan. Here are the primary areas of IP law our firm handles:
- Patent filings. We prepare and file utility, design, and provisional patent applications with the USPTO. Our engineering background means we draft claims that are technically precise and legally defensible.
- Trademark registration. We handle federal trademark applications, clearance searches, and brand protection strategies. If your business name, logo, or slogan has value, we work to get it registered and enforceable.
- Copyright filing. We register original works with the U.S. Copyright Office and advise on licensing agreements that protect your rights while allowing commercial use of your work.
- Infringement protection. When someone copies your patent, uses a confusingly similar mark, or reproduces your copyrighted material without permission, we pursue enforcement. We also defend clients who’ve received cease and desist letters.
- Patent searches. Before investing thousands in a patent application, a thorough prior art search can reveal whether your invention is likely patentable. We conduct these searches and provide candid assessments of what we find.
- Trade secret counsel. Not everything should be patented. Some innovations are better protected as trade secrets. We advise businesses on confidentiality agreements, employee protocols, and enforcement remedies under both Michigan and federal trade secret statutes.
Michigan and Federal Legal Requirements for Intellectual Property
Intellectual property law in Michigan operates at the intersection of federal and state statutes. Most IP protections originate at the federal level, but Michigan law fills critical gaps, especially in trade secrets.
Patents, trademarks, and copyrights are all governed by federal law. The USPTO examines and grants patents under Title 35 of the United States Code. A utility patent lasts 20 years from the filing date, while a design patent lasts 15 years. Trademarks are registered through the USPTO’s Trademark Center and require proof of use in commerce. Copyrights are registered through the U.S. Copyright Office and protect original works of authorship the moment they’re created, though registration is required before filing suit for infringement.
Trade secrets are where Michigan state law becomes especially relevant. Michigan adopted the Uniform Trade Secrets Act in 1998, codified as MCL 445.1901 et seq. The statute defines a trade secret as information that derives economic value from being secret and is the subject of reasonable efforts to maintain that secrecy. If someone steals your trade secret through theft, bribery, or breach of a confidentiality agreement, Michigan law provides injunctive relief and monetary damages. There’s a three-year statute of limitations on these claims.
At the federal level, the Defend Trade Secrets Act of 2016 created a private right of action in federal court for trade secret misappropriation related to interstate commerce. This gives Michigan businesses a powerful option for enforcement when trade secrets cross state lines.
Important Aspects of a Michigan Intellectual Property Case
Choosing Between Patent Types
The distinction between utility patents and design patents matters more than most people realize. A utility patent protects how something works. A design patent protects how it looks. Filing the wrong type wastes time and money. In some cases, filing both makes sense. We evaluate your invention and recommend the strongest filing strategy, sometimes starting with a provisional patent to secure an early filing date while we prepare the full application.
Prior Art and Patentability
The USPTO will reject a patent application if the invention isn’t novel or is obvious in light of existing technology. Prior art includes issued patents, published applications, academic papers, product manuals, and even YouTube videos. We conduct thorough patent searches before filing and help clients understand where their invention sits in the landscape of existing disclosures.
Trademark Strength and Enforceability
Not all trademarks are created equal. Generic and descriptive marks are the hardest to register and defend. Arbitrary, fanciful, and suggestive marks receive the strongest protection. We advise clients on selecting strong marks and conduct availability searches before filing to avoid conflicts with existing registrations.
Copyright Ownership and Licensing
Copyright ownership isn’t always straightforward. Works created by employees in the scope of their employment are typically owned by the employer. But works created by independent contractors belong to the contractor unless a written agreement says otherwise. We handle copyright licensing structures that protect both parties while allowing legitimate commercial use of the work.
Trade Secret Protection Strategy
The question of whether to patent an invention or keep it as a trade secret is one we work through with clients regularly. A patent eventually expires and becomes public. A trade secret lasts as long as you keep it secret and take reasonable steps to protect it. We help businesses put the internal policies, NDAs, and technical safeguards in place that Michigan courts look for when evaluating whether a trade secret actually qualifies for protection.
Responding to IP Infringement
If you discover that someone is infringing your patent, trademark, or copyright, acting quickly is important. Delay can weaken your legal position. We assess the situation, determine the strongest enforcement path, and pursue the appropriate remedy, whether that’s a cease and desist, a licensing negotiation, or litigation.
Contact The Patent Baron PLLC
Your intellectual property represents some of the most valuable assets your business owns. Whether you need to file a patent, register a trademark, protect a trade secret, or respond to an infringement claim, our firm is ready to help.
We’ve been handling IP matters in Michigan for more than two decades. Contact us to schedule a consultation and discuss what protection your ideas and innovations require. We respond promptly and provide straightforward guidance from the first conversation.
