Intellectual Property Law

The intellectual property law attorneys at Tully Rinckey PLLC can help individuals or businesses obtain and protect patents and trademarks for industrial properties, and copyrights for artistic and literary works.

70+
Years of
Experience

Technological innovation and an increasingly globalized economy makes it easier than ever before for your intellectual property to be compromised. If you’re an engineer, scientist, inventor, artist, or author, you have exclusive rights to your tangible or intangible creations and inventions. It’s critical that you protect those rights from infringement. Failure to do so can cost you income and have legal consequences you shouldn’t have to deal with. Don’t let the fruits of your labor go to waste.

We can advise and assist you on:

Our attorneys work closely with you to:

Strategic management and aggressive enforcement of your intellectual property rights are necessary to protect and strengthen your business interests. Whether it’s regulatory hurdles, infringement prosecution, or due diligence concerns, Tully Rinckey’s team of professionals is ready to work to ensure the strength and protection of your intellectual property portfolio.

To schedule an initial consultation, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or info@tullylegal.com

When you create an original work – such as fiction or nonfiction writing, artwork, drawings, or designs – registering for a copyright is a must. This is your best protection against individuals or businesses copying or even selling your work.

The experienced attorneys at Tully Rinckey PLLC recognize the value of your original work. Let us help you protect your work and aggressively represent you when you discover possible infringement on your copyright protection.

Our increasingly globalized economy means that international protection of intellectual property (IP) is more important than ever. Strategic management and aggressive enforcement of IP ownership has become more complex, as sovereign nations establish their own laws governing copyright, patents, and trade secrets.

In this climate, it’s simply not enough to understand domestic IP law. Tully Rinckey PLLC understands this and is ready to take a global approach to aggressively protecting your portfolio. Our staff has significant experience in this area and will provide you with the professional service you deserve. Take action now to protect your intellectual property.

At Tully Rinckey PLLC, our attorneys know how important it is to ensure that the right intellectual property protections are in place and enforced. That’s why we represent businesses, institutions, entrepreneurs and individuals through all phases of their intellectual property creation, protection, development, monetization, transactions, agreements and defense, and provide counseling and opinions, as well as prosecution and litigation services before U.S. and international patent and trademark offices, in court and through alternate dispute resolution. We also assist in copyright registration and contested matters, trade secrets, restrictive covenants and HR/employment-related IP issues, and provide strategic counseling and guidance.

Tully Rinckey PLLC can assist you with all of your legal needs, including:

Patent litigation – Protecting your intellectual property rights is paramount to you and/or your company’s interests. From pre-litigation counseling, sending and responding to notice letters, and through pleadings, discovery, trials and appeals, our attorneys will defend your intellectual property interests, be they assertive or defensive, using their experience in all phases and aspects of the process.

Patent prosecution – The patenting process typically begins with an invention disclosure, which is in some cases a proverbial cocktail napkin, and in others a doctoral dissertation. We can handle the full range of technologies and assist our clients in determining the best approach to protection, drafting the disclosure and filing the application. It is important to file the patent application promptly, typically before any publication or sale, to avoid potential loss of rights.

After the application is filed, we “prosecute” the application – i.e., act on behalf of the applicant, interacting with the patent office and its examiners, seeking to ensure that all requirements are met and the claims are deemed useful, novel and non-obvious – in order to get the patent application allowed. In some cases, the application remains rejected, and we can assist with appeals to the Patent Trial and Appeal Board. Outside the U.S., we work with foreign patent attorneys and agents, who are experts in their respective national law.

We also work with clients to build patent portfolios, with diversified risks, to cover the range of their commercial interests, which may include filing series of patent applications to ensure protection of the disclosed inventions.

Administrative Patent Challenges – In some cases, our clients find themselves at risk of a charge of infringement under patents held by others. We can assist in determining the merits of a claim of infringement, negotiations for licensing or acquisition, and petitions to challenge validity of patents in a post-grant review process of the U.S. Patent Office before the Patent Trial and Appeal Board.

Trademark Prosecution – The trademark process begins with defining a trademark or brand, which represents the “goodwill” of the business — it is a consumer shorthand for associating the product with the business behind the product. The process can begin before first use (i.e., an “intent to use” application) or after use in commerce.

We assist our clients in ensuring that the trademark is protectable and is likely to be clear from competing claims from third parties, and then file the trademark application with the U.S. Trademark Office, or in some cases with state governments and foreign countries. We work with the trademark examining attorneys to obtain allowance of the application and registration, and through appeals to the Trademark Trial and Appeal Board, as may be necessary. We also assist clients in trademark maintenance.

Administrative Trademark Challenges – Under trademark law, the proposed registration of a trademark can be opposed or, in some cases, a registration cancelled after issuance through proceedings at the Trademark Trial and Appeal Board. We assist on behalf of both trademark owners and those seeking to challenge third party trademarks.

Opinions – Our experienced attorneys will provide detailed, due diligence opinions, as appropriate, to help determine business risks (both as IP owner and potential IP defendant) entailed in use of technology and brands. In many cases, opinions precede litigation, and we provide the continuum of services necessary not only to prosecute or defend IP rights in the state, federal district and appeal courts, but also to avoid unnecessary contested matters through sound advice regarding settlement, compromise and avoidance, as appropriate.

Licensing and Transactions – In most cases, significant intellectual property issues are resolved through settlement, licensing or other transactions. We have significant experience in supporting the business interests of our clients in negotiating and closing licensing agreements and other types of transactions.

Taxation, Structuring and Regulation – As a full-service firm, Tully Rinckey offers not only experience in the core intellectual property disciplines, but also the ability to collaborate with attorneys in other practice groups within the firm on related issues that arise. For example, we have experience in structuring corporate entities, determining tax effects of deal forms, estate planning for entrepreneurs, and government regulation of technology businesses.

Schedule an IP Consultation
Intellectual property matters may be very time sensitive, and patenting considerations should be addressed before any public use, disclosure or offer for sale. Call us today at 888-529-4543 or email info@tullylegal.com to schedule a consultation with one of our patent law attorneys.

Trade secrets are only good as long as they remain a secret. If you have a special formula, design, or device that elevates your business over the competition, you need to protect it.

At Tully Rinckey PLLC, we respect your need to safeguard your intellectual property. Our experienced attorneys help draft non-disclosure contracts with your employees and contractors that protect you and your livelihood. We also prosecute trade secret litigation, if needed.

A trademark is a symbol that identifies the goods of a person or business, including any name, symbol, word, device, or combination of these that distinguishes the products from others. A service mark, on the other hand, is similar but identifies the source of a service rather than the actual product.

If you have an issue or need regarding trademarks, such as evidence of infringement or the need to register a trademark, the experienced attorneys at Tully Rinckey PLLC can help. We perform in-depth research on your trademark, ensuring you aren’t infringing on someone else’s trademark or service mark or that someone else isn’t infringing on yours. Then we file the proper documentation to make certain you’re protected. When disputes occur, we handle resolving them either in or out of court.

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When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the country, coast to coast, we make sure you receive legal counsel and representation you can trust. A number of the partners in our firm have earned the highest possible ratings for their exceptional legal ability and high ethical standards, including the AV Preeminent peer review rating from Martindale-Hubbell and top ratings from Avvo, Best Lawyers, and Super Lawyers.

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At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.

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Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.

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Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

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