Innovation and IP Protection

We regularly counsel clients on different mechanisms for protecting their software applications and products.  Whether through copyright, patent, trade secret, licensing, or other method, our lawyers have extensive experience in the technical issues specific to software products.  Our Intellectual Property lawyers have a diverse background, including lawyers with software degrees from Stanford University and the Massachusetts Institute of Technology, possessing hands-on experience as software engineers, who now regularly assist software clients with their legal needs.

Our lawyers are also experienced in performing patentability, right-to-use, infringement, and invalidity studies concerning software and business method related innovations, as well as providing a belts-and-suspenders approach to protecting software applications through copyright, trade dress, trade secret, confidentiality, patent, and other mechanisms.

Intellectual property, in many cases the most valuable and least protected asset of companies and individuals, consists of several forms of intangible property including copyrights, trademarks, patents, and trade secrets. For business executives and creative individuals, these are vital components of success. Intellectual Property law protects your innovations from unauthorized use and exploitation by third parties, allowing you to fully benefit from what you have created.

Intellectual Property law can be intimidating and confusing without knowledgeable counsel. GrayRobinson's Intellectual Property Practice Group eliminates your headaches by providing a broad range of services to protect and enforce your intellectual property rights.

Companies and individuals seek out GrayRobinson's experience and knowledge in intellectual property matters. From start to finish, our attorneys can direct you through the process of obtaining copyrights and trademarks and protecting valuable trade and business secrets. They are also experienced in enforcing rights related to trademark and copyright matters, including copyright and trademark infringement actions.

For companies or individuals interested in obtaining a registered trademark, the Intellectual Property Law Group can conduct searches to determine whether the desired name or logo is already taken and prepare applications when appropriate. Our attorneys also can provide advice on whether the logo or name is suitable, and whether it would be more appropriate to register a trademark in Florida or with the U.S. Patent and Trademark Office. In addition, the firm prepares copyright applications and assists with registration of copyrights with the U.S. Copyright Office.

In today's high-tech society, trademark and copyright infringement is prevalent on the Internet. It is becoming increasingly common for a company's website content to be stolen or extensively plagiarized by a competitor. Web site content can be protected by copyright law. GrayRobinson can take the steps necessary to protect your intellectual property rights on the Internet.

Our attorneys also provide legal counsel regarding trade secrets, Confidentiality and Non-Disclosure Agreements, Noncompetition Agreements, and Employment Agreements with restrictive covenants related to the protection of your intellectual property. We also prosecute patent applications and engage in patent-related litigation.

Due Diligence will likely include patent searches. There are various types of patent searches provided by GrayRobinson in supporting clients, with each requiring its own unique process.

GrayRobinson provides guidance and recommendations to its client wishing to patent their ideas or determine if marketing their product will cause them to infringe rights of others. There may be general interest in learning about patents and applications for patents by others within a  technology area of interest. The type of patent search will depend upon the needs of the client and will typically differ based on scope. After preliminary discussions with a client, a patent search may include: 

Patentability Search
A patent may be obtained if the invention is useful, new and not obvious to those of ordinary skill in the art to which it pertains. A patentability search is typically conducted to determine if meaningful patent protection is potentially available in support of a marketing or business strategy. The patentability search employs a multitude of databases, including both patent and non-patent databases,  looking for patent references that an Examiner is likely to use in evaluating patentability of claims presented in an application for patent.  Patent references used by the Examiner as prior art may include issued patents, published patent applications, journals and other non-patent literature and made public prior to a filing date of the invention. 

Clearance Search
A clearance search is directed locating unexpired patents that may potentially block commercialization of a product or service.  A clearance search, also referred to as an infringement or right to use study, will also locate published patent applications that may be of concerns if issued as patents. The clearance search may result in potentially problematic patents, applications and patent holders to be monitored, and may result in efforts to design around the patent rights identified in the patent, obtaining a license from the patent owner, or obtaining a non-infringement opinion.

Validity Search
A validity search is similar to the patentability search evaluating novelty and non-obviousness, but the evaluation is made on an issued patent or published patent application instead of for a product or process. The validity search may provide support in evaluating the strength of a patent in preparation for enforcement of the patent or when an accused infringer wants to evaluate the validity of the patent being asserted against him. The validity search typically results in both patent and non-patent publications being examined.

State-of-the-Art Search
A state-of-the-art search is typically done to locate potential competitors or known solutions within a given technology. This type of search will generally include patent and non-patent publications searches.

Assignee Search
An assignee search is performed to locate patents and patent applications owned by an entity. This type of search is useful in evaluating a patent portfolio. The patent assets uncovered in such a search may then be rated for licensing or for maintenance decisions, by way of example. 

There is no international patent that protects an invention throughout the world. A patent application must be filed in each country where patent protection is of interest. A patent application may be filed internationally through a number of avenues including filing in individual countries, filings in regional patent offices or organizations (such as the European Patent Office, the African Regional Industrial Property Organization, the African Intellectual Property Organization) or the Eurasian Patent Office) or filing through treaties such as the Patent Cooperation Treaty (PCT). 

Gray Robinson prepares and files PCT applications for its clients and works closely with patent law firms in other countries throughout the world for filing patents whether directly or in specific selected countries for filing through a National Phase Entry of the PCT. 

Filing an application through the PCT allows for a single international patent application to be reviewed by a designated patent office for patent protection prior to filing in multiple countries.  The PCT process allows time to intelligently assess which countries are most likely to offer the best sales opportunities, which countries have patent laws affecting their technology and which claim approach is most appropriate for each of the selected countries.

The PCT application process can allow a US applicant to defer having to file in individual countries for up to thirty months while preserving foreign filing rights. The PCT Application is a good way to plan for foreign patent applications without having to immediately decide on the specific countries in which to seek protection. Applicants are given valuable time to determine commercial markets for their invention.  International Search and Preliminary Examination Reports provide insight into a level of patent protection potentially available before having to file in selected countries. Obtaining a favorable patentability opinion can significantly reduce expenses associated with prosecuting foreign applications in the many selected countries.  Further, claims in the PCT application can be amended to potentially avoid having to amend the claims planned for filing in multiple foreign applications.

In addition to National Phase Entry into a selected country, the PCT application may be filed with the European Patent Office, the African Regional Industrial Property Organization, the African Intellectual Property Organization) or the Eurasian Patent Office, as may be appropriate.
 

Intellectual property, in many cases the most valuable and least protected asset of companies and individuals, consists of several forms of intangible property including copyrights, trademarks, patents, and trade secrets. For business executives and creative individuals, these are vital components of success. Intellectual Property law protects your innovations from unauthorized use and exploitation by third parties, allowing you to fully benefit from what you have created.

Intellectual Property law can be intimidating and confusing without knowledgeable counsel. GrayRobinson's Intellectual Property Practice Group eliminates your headaches by providing a broad range of services to protect and enforce your intellectual property rights.

Companies and individuals seek out GrayRobinson's experience and knowledge in intellectual property matters. From start to finish, our attorneys can direct you through the process of obtaining copyrights and trademarks and protecting valuable trade and business secrets. They are also experienced in enforcing rights related to trademark and copyright matters, including copyright and trademark infringement actions.

For companies or individuals interested in obtaining a registered trademark, the Intellectual Property Law Group can conduct searches to determine whether the desired name or logo is already taken and prepare applications when appropriate. Our attorneys also can provide advice on whether the logo or name is suitable, and whether it would be more appropriate to register a trademark in Florida or with the U.S. Patent and Trademark Office. In addition, the firm prepares copyright applications and assists with registration of copyrights with the U.S. Copyright Office.

In today's high-tech society, trademark and copyright infringement is prevalent on the Internet. It is becoming increasingly common for a company's website content to be stolen or extensively plagiarized by a competitor. Web site content can be protected by copyright law. GrayRobinson can take the steps necessary to protect your intellectual property rights on the Internet.

Our attorneys also provide legal counsel regarding trade secrets, Confidentiality and Non-Disclosure Agreements, Noncompetition Agreements, and Employment Agreements with restrictive covenants related to the protection of your intellectual property. We also prosecute patent applications and engage in patent-related litigation.  

GrayRobinson’s Intellectual Property practice covers a wide range of services, including Trademark protection and prosecution.  Our international group of attorneys and paralegals has extensive experience that includes trademark applications and registrations, counseling, responding to office actions, conducting surveys and attending conferences with Trademark Examining Attorneys and the Commissioner of Trademarks. Our team of attorneys routinely represent clients in trademark disputes and litigation. Intellectual Property is a global initiative with far reaching consequences.

Applying for Registration
GrayRobinson attorneys have applied for many different types of trademarks. Our experienced attorneys are well versed in the rules of the United States Patent and Trademark Office (USPTO) and our international group of attorneys assist client’s with their registrations around the world.

Unfair Competition and Trade Practices
Through our intimate knowledge of the Lanham Act, we are focused on ensuring our client’s brand and goodwill are protected from false statements, deceptive advertising, and unfair competition and trade practices.  In these instances, we make sure to seek immediate relief in the interest of our clients.  Such action can include preliminary injunctions or restraining orders, which our team has been successful in obtaining.