Intellectual property is a part of our every day lives: from paper clips to hybrid engines, from your favorite brand of cereal to the cartoons your children watch. Below are some of the ways we go about helping you protect your own intellectual property. For more specific information, read our blog for helpful practice
Your Creation - Your Vision
Copyrights are sometimes thought to provide only minimal protection, with limited value except maybe for musicians or artists. However, as Oracle can tell you, it has become an increasingly important tool to protect computer programming as well. One particularly valuable aspect of copyright law that most know about, is the ability to sue for triple damages, costs, and attorneys’ fees when the infringement is proven to be willful (think “on purpose”). In Rimini Street Inc v. Oracle USA Inc., the Supreme Court unanimously decided that Oracle could recover awards for copyright infringements; statutory violations; attorneys’ fees; and additional costs—totaling $81.9 million dollars. We are happy to help you protect these valuable assets
Technically, a "common-law" copyright exists without registration. Because of this, many people think that it is not necessary to register all. However, in Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Supreme Court ruled that a pending application to register a copyright is no longer enough to bring suit for infringement. Now, a copyright claimant cannot sue for infringement until after the registration has issued. Unlike the Oracle case briefly mentioned above, the plaintiff in Wall-Street failed to file their copyright application in a timely manner—so any potential winnings failed to materialize. Why don't you give us a call? We want to make sure that you don't miss out.
Setting You and Your Dreams Apart from the Crowd
Before the patent application is filed, we work with inventors by conducting patentability searches. By analyzing the prior art, we can help inventors draft applications which distinguish inventive aspects from competitors. Providing due diligence and clearance searches enables us to advise manufacturers on best modes of conduct.
After filing the application, we work with clients to explain the inventive aspects of the application to the United States Patent and Trademark Office. By drafting claim amendments, we can overcome Office Action rejections. By preparing requests for reconsideration according to after final consideration pilot procedures, we can assist clients in avoiding additional fees. We often review accelerated examination procedures to determine whether clients are eligible for reduced prosecution. We assist clients in prosecution with applications submitted according to the Patent Cooperation Treaty (PCT) procedures. This is just the beginning though, as we also assist clients with filing continuation or divisional applications to ensure continuing protection for additional changes to the invention. We prepare appeals for addressing the Patent Trial And Appeal Board. We assist in drafting petitions to revive applications when necessary. We also assist clients by conducting Examiner interviews to promote understanding and facilitate prosecution advancement.
We work with clients after your patent has been granted by: submitting and gaining broadening amendments in reissue applications; conducting patent pre-litigation investigations; developing intellectual property protection strategies; analyzing IP portfolios; and collaborating on a wide variety of matters including: AIA procedures, inter partes reviews (IPR), post-grant reviews (PGR), and non-infringement analyses.
Continuing our excellent services post graduation, our docketing services are provided at a flat fee and include; monitoring communications with the USPTO on your behalf, filtering third party fraudulent solicitations, and docketing the due dates for filing Maintenance Fees and Annuity Fees as applicable.
Protecting Your Brand - Protecting Your Reputation
The idea of protecting an important identity is nearly as old as the history of mankind. Archaeologists have found excavated artifacts left from Roman periods having "potters’ marks" which were used to identify the maker (potter) of a particular vessel. The first law making it a crime to pass off another's identity as one's own was the "Factory, Manufacture and Workplace Act" in April 20, 1803. Trade names, common-law marks, and Registered Trademarks, are all important ways of protecting identity. Your identity, your reputation, and thus, your mark, is one of your most valuable business assets. We are happy to help you protect these valuable assets.
Our services include drafting descriptions of goods and services to reduce rejections; ensuring breadth of scope by preparing design in the black and white line format for trademark designs preferred by the United States Patent and Trademark Office; preparing requests for reconsideration according to after final consideration pilot procedures; accelerated examination procedures; drafting petitions; as well as conducting Examiner interviews to promote understanding without creating a restrictive file wrapper.
We work with clients after your trademark has been granted by: reviewing advertising and promotional materials; working with foreign counsel on international enforcement activities; developing intellectual property protection strategy; assisting in trademark prosecution activities including international and domestic trademark screening; providing due diligence analysis, infringement opinions, likelihood of confusion assessments, and preparing Cease and Desist notices to third parties to better serve you.
Continuing our excellent services post graduation, our docketing services are provided at a flat fee and include; monitor communications with the USPTO on your behalf, filtering third party fraudulent solicitations, and docketing the due dates for filing Statements of Use, and Renewal Fees as applicable.