The successful commercialization of a new product or technology depends largely on the acquisition, exploitation and enforcement of intellectual property assets, namely, patents, trademarks, copyrights, and trade secrets.
A PATENT permits the owner of the patent rights to exclude others from making, using, and selling the claimed invention. Three types of patents are available in the United States. A UTILITY PATENT covers the functional aspects of a process, a machine, an article of manufacture, or a composition. A DESIGN PATENT covers the ornamental aspects of an invention. A PLANT PATENT covers a distinct and new variety of plant. Utility, design and plant patents, or equivalents, are also available in other countries.
Changes to the Patent Laws of the United States by the Supreme Court, Court of Appeals for the Federal Circuit, and Congress have greatly complicated the successful prosecution of patent applications before the United States Patent Office. These changes have also greatly impacted prosecution of foreign patent applications. Unfortunately, all changes come at a time when both domestic and foreign patent rights are a necessity to the success of new products and technologies.
I have extensive prosecution experience before the USPTO and foreign patent offices. This experience has allowed me to develop filing and prosecution strategies that maximize success before the USPTO and foreign patent offices and expedite issuance of patents for my clients.
A TRADEMARK is a word, name, symbol, or device, or any combination thereof, used to identify the source of goods and/or services. A trademark may be a mark registered with the federal government (via the United States Patent and Trademark Office (USPTO)), a state of the United States, or a foreign country. Furthermore, trademark rights in the United States may accrue under common law by use of a mark. Trademark rights in other countries accrue generally by registration rather than use.
A COPYRIGHT permits the owner of a work (usually the author, but sometimes another party) to exclusively control publication and use of the work. Copyright registrations are granted by the Copyright Office in the United States and other countries.
A TRADE SECRET is any formula, pattern, machine or process of manufacturing providing the owner of the trade secret an advantage over competitors who do not know or use it.
My law practice is exclusively focused on counseling clients in intellectual property matters. My legal, technical, and business expertise allow my clients to secure, protect and exploit intellectual property assets within the United States and other countries.