Intellectual Property Case Value Calculator

The Four Types of Intellectual Property

Each type of IP has its own rules, deadlines, and remedies — the first step is identifying which one is at stake.

• Patents

  Protect inventions; federal law only, litigated in federal court. Damages reach back 6 years.

• Trademarks

  Protect brand identifiers; federal and state law. Registration strengthens nationwide rights.

• Copyrights

  Protect creative works; federal registration is required before suing and unlocks statutory damages.

• Trade secrets

  Protect confidential business information; enforced under the federal DTSA and state law.

How IP Damages Are Calculated

• Lost profits

  The profits you lost because of the infringement.

• Infringer’s profits

  Disgorgement of what the infringer earned from the infringing activity.

• Reasonable royalty

  What you would have charged to license the IP — the common floor for patent damages.

• Enhanced damages (willful)

  Up to treble (3×) damages for willful infringement, plus attorney fees in exceptional cases.

Willfulness is the single biggest value driver, because it unlocks enhanced damages and fee awards.

Enforcing Your IP

1. 1

   Confirm your rights

   Verify registration/issuance and the scope of your protection.

2. 2

   Document the infringement

   Capture the infringing product, use, or copying with dates and evidence.

3. 3

   Cease-and-desist

   A demand letter often resolves matters and preserves willfulness evidence if ignored.

4. 4

   Litigate or license

   File suit (federal for patent/copyright) or negotiate a license/settlement.

Register Before You Sue

Your remedies can hinge on paperwork you should handle early.