Intellectual Property Prosecution
Leader
David J. MarrDirector
John D. Ermanni
Clark Hill intellectual property attorneys offer comprehensive legal services in the areas of patents, trademarks, copyrights, trade secrets and unfair competition. Our attorneys are experienced in both the prosecution and litigation of intellectual property matters.
Patents
Our team works with our clients obtain patents on their innovations by helping them to obtain intellectual property rights created assessed and created by the U.S. government via processes outlined by the U.S. Patent & Trademark Office (USPTO), otherwise known as patent prosecution.
Once filed, we monitor the status of our clients’ patent applications. Our goal is to ensure that every client receives the broadest patent protection available for their innovations. During the period in which the patent application is being prosecuted, we focus on the client’s continued development of the technology to optimize the value of the patent application.
Trademarks and Service Marks
As clients sell a products or services, our attorneys work with them to protect their trademarks or service marks in a manner commensurate with their needs. We search public and proprietary databases of registered marks, both federal and state databases, and common law marks (those that are used, but not registered) to determine the viability of obtaining protection for a chosen mark. Based on similar trademarks and service marks currently being used, we analyze how strong the chosen mark may be in the context of the goods or services with which the mark will be associated.
Applications for registration are then prepared and filed with the USPTO and trademark offices abroad to preserve rights in the chosen mark based on the clients’ marketing plans. The requirements of each country’s trademark office are different, and we provide details and counsel as to what is required to maintain a registered status in each country.
Copyrights
In the information age, copyright protection has become a strong ally of the creator of technology. Whether our clients’ interest is in software, music, literature, or other media, our attorneys work with them to determine what protection is available, what agreements need to be in place to create an ownership interest in the copyrighted material and how to proceed with their publication without infringing the copyrights of others.
Applications for Copyright Registrations are filed at the Copyright Office, which is a part of the Library of Congress. We are experienced in preparing the appropriate applications for copyrights, and we communicate regularly with our clients to obtain all appropriate protections.
Enforcement
Our attorneys are experienced in all aspects of intellectual property litigation in the federal and state court systems, as well as within the USPTO. Our attorneys evaluate the strengths and weaknesses of our clients’ intellectual property assets concerning both enforcement of intellectual property rights against, and defense against assertions of infringement by, any third parties.
Based on our clients’ business objectives and goals, we provide valuable consultation on whether, where, and to what extent intellectual property enforcement should be pursued, and the most cost-effective methods available, to best achieve those goals and objectives.
Industries
- Admiralty & Maritime
- Aerospace
- Agriculture
- Artificial Intelligence & Emerging Technologies
- Automotive & Manufacturing
- Banking
- Cannabis
- Construction
- Education
- Food & Beverage
- Franchise & Licensing
- Healthcare
- Hunting, Firearms & Outdoor Products
- Mining
- Oil & Gas
- Pharmaceutical
- Retail & Hospitality
- Telecommunications, Internet & Media
- Transportation & Logistics