Partner
Roger Emerson
Areas of Practice
Intellectual Property (patents, trademarks, copyrights, trade secrets) domain name law, defamation, injuries to reputation, unfair competition
Emerson Thomson Bennett has highly skilled patent, trademark, and copyright attorneys who have a background in all scientific disciplines to meet our client’s needs. From identifying intellectual property and executing a plan to ensure protection to filing lawsuits and cease & desists against those who violate your IP protections, our intellectual property lawyers are prepared to help you.
How Can Our Intellectual Property Law Firm Help You?
Our intellectual property (IP) law firm plays a crucial role in IP prosecution, which involves the process of obtaining and enforcing IP rights. Here’s what they typically do:
- Patent Prosecution: We assist clients in preparing, filing, and prosecuting patent applications. This includes drafting patent claims, responding to office actions from patent offices, and ensuring that the invention is adequately protected in patent trials and appeals.
- Trademark Prosecution: We help clients register trademarks by conducting searches to ensure the mark is unique, filing trademark applications, and handling any objections or oppositions that arise during the registration process and the court of appeals.
- Copyright Registration: We guide clients through the process of registering copyrights to protect original works of authorship, such as books, music, and software.
- Legal Advice and Strategy: We offer smart advice on how to protect and use IP assets. This includes guidance on the types of IP protection available and where to seek that protection.
- IP Portfolio Management: We assist in managing a client’s IP portfolio, ensuring that all IP rights are maintained, renewed, and enforced as necessary in the court of appeals.
- Opposition and Appeals: We represent clients in opposition proceedings or appeals if their IP applications are challenged or rejected.
- Enforcement and Litigation: While primarily focused on obtaining IP rights, our IP law firm may also assist in enforcing these rights through litigation or negotiation if infringement occurs.
Overall, our IP law firm helps clients navigate the complex legal landscape of intellectual property to secure and protect their innovations and brands.
IP Prosecution Through Litigation
We have a full-service litigation team for managing IP. We have actively handled hundreds of cases in federal and state courts across the United States. Our IP attorneys protect intellectual property (IP).
We help clients with the legal steps needed to secure and enforce IP rights. Here’s how we do it:
- Assessment and Strategy: We begin by assessing the client’s IP assets and developing a strategy for protection. This involves determining the type of IP protection needed, such as patents, trademarks, or copyrights.
- Application Preparation: For patents, our IP attorneys draft detailed patent applications, including claims that define the scope of the invention. For trademarks, we prepare applications that accurately describe the mark and its use in commerce.
- Filing Applications: We submit the required applications to the right government agencies. This includes the United States Patent and Trademark Office (USPTO) or similar organizations in other countries.
- Responding to Office Actions: Our IP attorneys manage communication with IP offices. We reply to objections or rejections, called office actions, by making arguments or changing applications to meet legal rules.
- Navigating Legal Procedures: We help clients with the steps in IP prosecution. Our attorneys make sure all legal and regulatory rules are followed.
- Opposition and Appeals: If an application is opposed or rejected, our IP attorneys represent clients in opposition proceedings or appeals, advocating for the approval of the IP rights.
- Monitoring and Maintenance: Once IP rights are granted, attorneys help maintain these rights by ensuring timely renewals and monitoring for potential infringements.
- Enforcement: Although primarily focused on obtaining IP rights, IP attorneys also enforce these rights, advising on legal actions against infringers and negotiating settlements.
Through these steps, IP attorneys ensure that their client’s intellectual property is legally protected, allowing them to capitalize on their innovations and maintain a competitive edge.
IP Prosecution For Patents & Trademarks
As experienced intellectual property attorneys, we have extensive experience with patents. A patent is a form of intellectual property protection that grants exclusive rights to an individual or company over an invention. It is granted by a government authority following the evaluation of an application and determining that the invention meets certain criteria, such as novelty, non-obviousness, and usefulness.
A trademark provides businesses and owners with exclusive rights over their branding elements. An intellectual property lawyer can help you register them with the U.S. Patent and Trademark Office (USPTO).
