Do I Need a Patent or Copyright Attorney?

What does a patent attorney do, and how is a copyright lawyer different? Learn when you might need one, what they cost, and how they help protect your work.

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ARTICLE SUMMARY

If you've written a book, built an app, or invented a new product, you may be wondering how to protect it and whether you need an attorney to do it. Patent and copyright attorneys focus on intellectual property (IP), which covers creations like inventions, artwork, and writing. They can help you protect your work and take action if someone uses it without permission. Read on to learn what these attorneys do, when you might need one, and what it typically costs.

What does a patent lawyer do? What about a copyright lawyer?

The type of attorney you need depends on what you want to protect. If you're not sure which fits, an intellectual property attorney can help you figure it out. Here's the main difference:

Table with data content
Copyright	Patent
Protects original creative works, like books, articles, poems, artwork, photography, music, movies, videos, games, and software code. Your work is generally protected as soon as you create it, but registering it gives you added protections, like the ability to sue for infringement.	Protects new inventions, processes, and designs, like machines, gadgets, medical devices, apps with new technical features, and innovative product designs. To get a patent, an invention generally has to be new and not obvious.

Table with horizontally scrollable content
Copyright	Protects original creative works, like books, articles, poems, artwork, photography, music, movies, videos, games, and software code. Your work is generally protected as soon as you create it, but registering it gives you added protections, like the ability to sue for infringement.
Patent	Protects new inventions, processes, and designs, like machines, gadgets, medical devices, apps with new technical features, and innovative product designs. To get a patent, an invention generally has to be new and not obvious.

Patent and copyright attorneys usually focus on one of two areas: helping you apply for protection, or handling infringement, which is when someone uses protected work without permission.

Application attorneys

File patent applications or copyright registrations for you
Help show that your invention meets the requirements for a patent
Prepare and submit the required forms

Infringement attorneys

Represent you if someone uses your work or invention without permission
Help you take legal action to stop others from profiting from your work
Defend you if someone accuses you of infringement

If you've created something original, working with a patent or copyright attorney can help you protect it.

How do I know if I need a copyright or patent attorney?

Ask yourself these questions:

Do you need to file for a patent or register a copyright to protect your work or invention?
Is someone copying, selling, or using your work without permission?
Have you been accused of using someone else's copyrighted or patented work?
Do you need help understanding copyright and patent laws?
Are you dealing with a lawsuit related to intellectual property?
Is someone downloading, sharing, or selling your digital content without permission?
Are you unsure how to properly credit or use someone else's work?
Do you need help showing that your invention qualifies for a patent?
Is another business using your patented design or technology without approval?
Do you want legal advice to help avoid copyright or patent issues before they happen?

If you answered yes to any of these, a patent or copyright attorney may be able to help.

How much does a patent or copyright attorney cost?

Most attorneys charge by the hour, whether they're helping you file paperwork or representing you in court. Some infringement attorneys may work on a contingency basis if they believe your case is strong. That means you don't pay upfront, and the attorney takes a percentage of what you recover if you win.

Keep in mind that attorney fees usually don't include government fees for filing, issuing, or maintaining a patent or registering a copyright. To avoid surprises, agree on costs with your attorney upfront.

What should I expect when working with a patent or copyright lawyer?

It usually starts with an initial consultation. Your attorney will ask about your work or invention, and whether you're creating something new, dealing with a dispute, or looking to protect your rights. Then they'll recommend a way to protect your IP, like registering a copyright or filing a patent application, and help you through the process.

Many attorneys also offer ongoing support, like watching for possible infringement, keeping you informed about legal changes that could affect you, and reminding you about deadlines for patent maintenance fees. And if a dispute comes up, they can guide you through the court process.

KEY TAKEAWAYS

A copyright attorney helps protect creative works like books, music, and videos, while a patent attorney helps protect inventions and new designs.
Some attorneys help you apply for copyrights or patents, while others handle infringement cases when someone copies or misuses your work.
If someone is copying, selling, or using your work without permission, an attorney can help you take legal action.
A patent or copyright attorney can help protect your rights, handle disputes, and offer ongoing support.

Pro Reviewed

Published on 11/06/2026

Reviewed on 11/06/2026

Reviewed by attorneys

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

Laura Bojart

Editorial Researcher and Copywriter

Laura Bojart is an SEO copywriter and editor at Rocket Lawyer. She researches legal and business topics and translates complex ideas into clear, practical content for everyday readers. With her background in journalism and endless curiosity, she approaches each subject by asking the questions readers are likely to have first, making legal information approachable and easy to understand even to those with no legal background.

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