When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you're in the construction industry, whether you're a general contractor, architect, engineer, or product supplier, there's a good chance you're creating or using intellectual property (IP) every day.
As a patent attorney at Clark Hill, I've helped businesses across industries secure and enforce their IP rights. Here are three things you should know if you want to protect your work and avoid costly disputes in the construction world.
1. You might own more IP than you think
Construction documents, blueprints, CAD files, and architectural renderings may be protected by copyright, even if you didn't register them. If your firm creates custom designs or innovative building components, those could also be protected by patents or trade secrets. The same goes for proprietary estimating software, prefabrication processes, or even branding elements like logos and slogans.
Just because your business is about bricks and steel doesn't mean your most valuable assets aren't intangible.
2. Contracts control who owns what
Questions such as "Who owns the rights to a design – the architect or the client?" and "Can a subcontractor re-use plans they created for your project?" are governed by contracts, not common sense. Many companies, including construction firms, unintentionally give away their IP rights – or take on unexpected liability – because their standard agreements don't address ownership, licensing, or indemnification for IP infringement.
A well-drafted contract or subcontractor agreement should spell out who owns what, who can use what, and who is financially responsible if someone gets sued.
3. IP disputes in construction are on the rise
From 3D-printed components to AI-driven design software, the construction industry is rapidly evolving. That innovation is bringing a new wave of IP disputes, especially around software, trade dress, and design rights. Whether you're adopting cutting-edge tech or just updating your website, make sure you're not infringing someone else's IP. Waiting until you get a cease-and-desist letter is too late. On the flip side, you should take steps to register and enforce your own.
One more thing
If your firm is bidding on government contracts, IP rights can get even trickier. Make sure your team understands the difference between "work made for hire," "shop rights," and "limited licenses" before you hand over proprietary information. If you're in the construction space and you're not thinking about intellectual property, you're building on shaky ground.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
