Patent searches & Patent Application Prosecution Worldwide. We can file and aggressively prosecute your patent applications in any country on Earth that grants patents. You name the country and we will do everything in our power to get you patent protection there.
We also do patentabilty searches and infringement searches. A patentability search focuses on granted patents, published patent applications, and can include other publications, which may interfere with you getting a patent. An infringement search focuses on whether a proposed product or invention might infringe any unexpired patents. Learn more about patents and patent searches here.
Trademark Searches & Trademark Registration Worldwide. Trademarks are valuable. According to some experts, "The single largest source of intangible value in a company is its trademark." We can file and aggressively prosecute your trademark registrations in any country on Earth that registers trademarks. That includes service marks and logos.
We also do trademark searches in any country of interest to determine if the mark is available. Our searches focus on several areas of concern: (1) marks that could be used as a basis for refusing registration of your mark, (2) marks that are confusingly similar to your mark and which could be the basis for an infringement lawsuit against you; (3) famous marks similar to your mark that could be the basis of a “dilution” action against you, and (4) marks similar to your mark that are owned by litigious companies with large trademark litigation budgets. Learn more about trademarks, trademark searches, and how to pick and protect a trademark for your business here.
If you wish to do your own trademark search before consulting with an attorney, you can search registered, pending, and dead trademarks at the U.S. Patent and Trademark Office's TESS website here.
Copyright Searches & Copyright Registrations Worldwide. It is a common misconception that one can get a copyright only by officially registering it, but not so. A copyright attaches at the moment that a human expression, protectable by copyright, is fixed in a tangible medium. While a copyright can exist without registration, there are extremely valuable benefits to registering your copyright, including a presumption of ownership, and in the U.S. the right to recover statutory damages and attorney’s fees for all infringements that take place after registration - statutory damages and attorneys’ fees are very big axes you can wield in your fight with an infringer. A registered copyright also tends to increase the value of both the work and the business which owns it. We can file and aggressively prosecute your copyright registrations in any country on Earth that registers copyrights. We also do copyright searches on all available databases as appropriate. Learn more about copyrights here.
If you wish to do your own copyright search before consulting with an attorney, you can search U.S. registered copyrights dating back to 1978 at the Unites States Copyright Office's website here.
All Intellectual Property Related Litigation, Federal & State. Intellectual property refers to "creations of the mind." There are generally four types of intellectual property: patents, trademarks, copyrights, and "trade secrets." Since patents and copyrights are governed exclusively by federal law, all cases of patent or copyright infringement must be filed in federal court. Trademarks are governed by both federal and state laws, with much overlap, so trademark infringement cases can be tried in either federal or state courts depending on the circumstances.
Trade secrets by definition are secrets. In general, trade secrets include any information a company keeps secret to give it an advantage over its competitors and which has economic value. A trade secret is a protectable property right as long as the trade secret owner continuously takes all reasonable precautions to keep it a secret. For example, the purportedly top secret formula for Coca-Cola® soda. Trade secrets are generally governed by state law, except for the Economic Espionage Act of 1996 which makes it a crime to misappropriate trade secrets and the Tariff Act of 1930 which can block imports of products made from misappropriated trade secrets. So trade secret cases are always tried in state courts, unless they involve federal espionage or importation issues, or are joined with other federal issues.
Our litigators have considerable experience in both federal and state courts. We can aggressively represent you in any intellectual property lawsuit anywhere in the U.S., and can assist you in finding appropriate counsel if the litigation is elsewhere.
Intellectual Property Related Transactions. Intellectual property transactions can range from simple non-disclosure agreements (commonly called NDA’s) and assignments to complex licensing and royalty agreements. They always require negotiation, drafting, review, and further negotiation, as well as counseling and advice from experienced attorneys. Transactions often require continued support and updating to reflect changing conditions. We have been practicing transactional law for over thirty years. We can assist you in all phases of your intellectual property transactions, or we can work with your business attorneys on just the intellectual property aspects of much larger transactions, e.g., mergers, acquisitions, buy-outs. We will be happly to help in any way.