The patenting process typically begins with an invention disclosure. That invention can be described on a proverbial cocktail napkin, or disclosed in a white paper, manuscript, or doctoral dissertation. Tully Rinckey’s IP lawyers understand a broad range of technologies, which enables them to efficiently assist clients in determining the best approach to drafting and filing a patent application. Our lawyers’ technical expertise allows them to spend less time on the learning curve trying to understand the technology and more time paying close attention to understanding your company’s particular business needs. To secure broadest coverage, it is important to file the patent application promptly, before any publication, sale or offer for sale, to avoid potential loss of rights, especially internationally. Further, the U.S. patent law awards rights to the “first inventor to file,” so delay incurs risk.
After the application is filed, our attorneys “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, by defending and/or amending the claims—in order to get the patent application allowed. In some cases, the application remains rejected, and Tully Rinckey attorneys will file appeals to the Patent Trial and Appeal Board (PTAB) and before the Court of Appeals for the Federal Circuit if necessary.
Outside the U.S., we work with foreign patent attorneys and agents, who are experts in their respective national law, providing a coordinated effort to obtain international protection.
Tully Rinckey attorneys also work with clients to build patent portfolios with diversified risks to cover the range of their commercial interests and future opportunities, which may include filing a series of patent applications to ensure protection of the disclosed inventions.
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 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. Tully Rinckey attorneys also assist clients in trademark maintenance, and will assist clients who seek to oppose or cancel trademark applications or registrations of others.
We also work with online entrepreneurs seeking to protect their rights on the internet. Our lawyers can assist with takedowns, domain name registrations, and responding to and sending cease & desist letters.
Tully Rinckey is pleased to offer an IP needs assessment to determine whether your key corporate assets are adequately protected. Strategic management, aggressive defense and enforcement of intellectual property rights, and risk assessment are vital to protecting and strengthening your business interests. Intellectual property matters may be time-sensitive. Contact our featured attorneys today to protect and enforce your rights.
To schedule an initial consultation regarding prosecution or defense of intellectual property infringement, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or firstname.lastname@example.org