Intellectual Property

Intellectual Property

Intellectual property is often a company's most valuable asset, with patents protecting inventions, trademarks serving as symbols of a business's reputation and good will and copyrights protecting original works of authorship.  Clausen Miller P.C. attorneys provide advice and services for the entire spectrum of a client's intellectual property.  Our areas of practice include trademark acquisition and registration; trade dress, unfair competition, and trademark dilution litigation; general Internet law issues, including domain name and cyber squatting disputes; copyright registration; copyright litigation; and patent, trademark and copyright licensing.  Further, trade secrets can also be an important element to consider with respect to a company's strengths and weaknesses.

Patents

Patents protect your company's innovations by enabling you to exclude others from making, using or selling your patented inventions.  A patent can be obtained for a product, a process, a machine or a composition of matter.  Special patents can also be obtained for plants and product designs.  Timing can be critical in applying for a patent, since U.S. Patent law prohibits obtaining a patent on an invention that has been in public use or on sale in this country for more than one year.  Clausen Miller can assist you in evaluating your inventions for patentability, preparing and filing your patent applications here and abroad, and profiting from your patented inventions through licensing and other business ventures.  Our capabilities include:

  • Preparing patentability opinions
  • Filing patent applications with the U.S. Patent and Trademark Office
  • Filing international patent applications and foreign national applications
  • Rendering patent infringement opinions
  • Drafting licenses and assignments
  • Litigating patent infringement actions

Trademark

Trademarks serve to identify your company's products and services.  Clausen Miller P.C. performs a full range of trademark services, beginning with the clearance of a newly adopted mark through the maintenance and policing of well-established registrations.  Specifically, Clausen Miller P.C. offers the following services:

  • Performing trademark availability searches and Issuing trademark availability opinion letters
  • Preparing state, federal and international trademark applications
  • Maintaining state, federal and international trademark registrations on the CM trademark docket
  • Handling of trademark oppositions and cancellations before the United States Patent and Trademark Office
  • Securing worldwide letters of consent and coexistence agreements
  • Policing of trademarks, investigating possible infringing uses of trademarks and issuing cease-and-desist letters
  • Negotiating and drafting licensing agreements

Copyright

Copyright is a form of protection provided to the authors of "original works of authorship," including literary, dramatic, musical, artistic, computer programs, and certain other intellectual works.  Since 1989, copyright owners are no longer required to take formal steps to obtain copyright protection for their works of authorship.  Instead, they are secured automatically upon creation.  However, registering a copyright affords the copyright owner certain important advantages, most significant being that registration is a prerequisite for obtaining statutory damages in a copyright infringement lawsuit. 

Clausen Miller P.C. counsels clients on various copyright issues, including:

  • Advising clients on copyright protection for their works of authorship
  • Registration of copyrights
  • Licensing and assignments of copyrights
  • Advising and representation of clients in copyright infringement suits