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 8885294543 or email firstname.lastname@example.org to schedule a consultation with one of our patent law attorneys.