The intellectual property law experts and patent attorneys at Schmeiser, Olsen and Watts are dedicated to acquiring, protecting and managing your ideas and inventions. We provide patent, trademark and copyright prosecution, as well as IP litigation and post-grant proceedings. We also offer IP consulting and represent clients who are interested in selling or licensing their intellectual property rights through commercialization. In addition, our legal team has extensive training and experience in variety of technical fields.

Organizations consistently choose Schmeiser, Olsen & Watts LLP based on our reputation for developing unique and effective prosecution strategies. Whether you’re filing for a patent, obtaining a trademark or copyrighting your work, our attorneys have both the experience and knowledge to counsel and support you throughout the entire process.

Patents

We specialize in well-drafted patent applications, innovative and cost-effective ways to efficiently procure patents, patent portfolio management counseling, and patent protection outside of the United States. Additionally, we have experience working with patent examiners to accelerate the process of obtaining a patent at the lowest possible cost. Learn More

Copyrights

Our attorneys provide copyright registration for a vast scope of subject matter, including literary, music and art work, websites, fabric design, motions pictures and more.  Additionally, we can represent you in contract negotiations involving your works, ensuring that your rights are fully protected. Learn More

Trademarks

Our trademark prosecution team provides a full spectrum of services, including preparing and filing new trademark applications, providing valuable clearance opinions, responding to office actions issued during the registration process, monitoring renewals, and advising clients on filing strategies, policing efforts, and enforcement. Learn More

We feature a team of litigators that are experienced in all areas of intellectual property litigation. Our team focuses on strategy, efficiency, communication and professionalism to resolve our clients’ disputes in an effective and goal-oriented manner.

Whether you have been recently made aware of a competitor that is infringing your patent, or have been sent a cease and desist letter accusing your company of patent infringement, our litigation team works with our clients to achieve successful outcomes in patent disputes. LEARN MORE

Our firm represents clients with a variety of copyrighted material, including software, books, art, music and film. We can help you assert your rights against copyright infringers, and have also successfully defended clients accused of copyright infringement. LEARN MORE

If you believe someone else is infringing on your trademark or service mark, our litigators will ensure you understand the various trademark enforcement options available to you, and provide guidance should you decide to move forward with litigation. LEARN MORE

It may be advantageous to litigate your intellectual property dispute in Section 337 proceedings at the International Trade Commission, since they typically resolve themselves far faster than going to trial in Federal Court. LEARN MORE

Alternative dispute resolution (ADR) can help to decide disputes outside the courtroom. Sometimes, parties pursue ADR to avoid the high costs and uncertainty of a lengthy litigation. LEARN MORE

When it comes to actually filing an appeal, we understand the importance of succinct and precise argumentation and we apply this philosophy to both briefing and oral arguments. LEARN MORE

In addition to drafting employment agreements to address trade secret protection, noncompetition and nondisclosure, we have experience representing businesses on both sides of trade secret disputes. LEARN MORE

A post-grant procedure occurs after the Patent Office has examined and issued a patent. A number of these procedures are available to invalidate a patent at less cost than traditional litigation. Often times, these procedures are utilized as a litigation strategy.

Inter partes review is a proceeding to challenge the patentability of one or more claims in a patent on the basis of specific grounds, and only after nine months of the patent’s issuance. Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. Inter partes review corresponds with post grant review, such that for first-inventor-to-file patents, inter partes review process begins with a third party filing a petition after the later of either: (1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review.

These deadlines do not apply to first-to-invent patents. An inter partes review may be instituted upon a showing that there is a reasonable likelihood that the petitioner would prevail with respect to at least one claim challenged. If the proceeding is instituted and not dismissed, a final determination by the Board will be issued within 1-1 ½ years. Inter partes review applies to any patent issued before, on, or after September 16, 2012.

Post grant review is a proceeding to challenge the patentability of one or more claims in a patent on any ground that can be raised in a civil suit, and within nine months of the patent’s issuance.  Post-grant review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). The post-grant review process is initiated by a third party filing a petition within 9 months of the grant of the patent or issuance of a reissue patent.

The standard for instituting a post-grant review proceeding is a showing that it is more likely than not that at least one claim challenged is unpatentable. If the proceeding is instituted and not dismissed, a final determination by the Board will be issued within 1 – 1 ½ years.

Ex parte reexamination is a proceeding in which any person (third party or patent owner) may request reexamination of a U.S. Patent based on one or more prior patents or printed publications.

Ex parte reexamination is a proceeding in which any person (third party or patent owner) may request reexamination of a U.S. Patent based on one or more prior patents or printed publications. A requester who is not the patent owner (i.e., a “third party requester”) has only limited participation rights in the proceeding.

A request for reexamination must establish that prior patents and/or printed publications establish a substantial new question of patentability in order for the USPTO to grant the ex parte reexamination. Ex parte reexamination proceedings occur between the USPTO and the patent owner, with notices sent to any third party requester. If the ex parte reexamination is granted, a final determination by the USPTO may take over 2 years.

Covered business method reviews apply to financial product or service patents and can only be filed by a Petitioner who has been sued or charged with infringement. Covered business method review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a covered business method patent. A covered business method patent is a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service.

Covered business method reviews employ the standards and procedures of a post grant review, with certain exceptions. For example, for first to invent patents only a subset of prior art is available to support the petition, as defined in section 18(a)(1)(C) of the America Invents Act. Further, a person may not file a petition for a covered business method review unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or charged with infringement under the patent.

Reissue applications allow the Patent Owner to correct an error in an issued patent. The Patent Owner may address a failure to fully claim the scope of the invention in a broadening reissue, or may narrow the scope of the claims in a narrowing reissue.

Patent reissue applications allow patent holders to correct errors in already issued patents with the U.S. Patent and Trademark Office. The patent owner may address a failure to fully claim the scope of the invention in a broadening reissue, or may narrow the scope of the claims in a narrowing reissue. Only patent owners can file reissue applications, and the patent will only be reissued if there are significant errors in the original patent. It is also important to note that broadening reissues must be filed within two years from the grant of the original patent. Patent reissue applications are often used to strengthen a patent pre-litigation, or to add claims to cover known patent infringers, and are a valuable enforcement strategy should a third-party challenge a patent’s validity with inter partes review.

Implementing sound IP strategy starts with a clear understanding of the landscape. Learn more about our IP counseling services. Our attorneys are equipped to advise our clients on various matters relating to IP. Company leaders count on our expertise to help them navigate complex issues and make informed decisions.

In addition to our notable patent procurement services, we partner with organizations to provide IP Portfolio Management, including advanced docketing system software, reporting and analysis. LEARN MORE

Our IP attorneys provide legal review and counsel on IP matters related to mergers and acquisitions, joint ventures, product launches and other business and financial transactions. LEARN MORE

We provide legal opinions on various IP issues, including Trademark Clearance, Freedom-to-Operate, State-of-the-Art Search, and Patentability, Invalidity and Infringement Opinions. LEARN MORE

Our IP attorneys will examine factors including ownership, lapsed rights, validity of key patents, life expectancy of the IP, and licensing and/or contract duties and obligations. LEARN MORE

We have decades of experience working with startup companies to develop patent and trademark filing strategies that best protect their innovation on a limited budget. LEARN MORE

Our IP program development may include educating your personnel, drafting invention disclosure forms for internal use, and developing a ratings system for evaluating inventions. LEARN MORE

In addition to drafting employment agreements to address trade secret protection, noncompetition and nondisclosure, we have experience representing businesses on both sides of trade secret disputes. LEARN MORE

Our attorneys work closely with clients to develop a comprehensive strategy for monetizing intellectual property. Whether your company wants to enter the market with a joint venture or spin off company or is simply looking to profit from selling or licensing intellectual property rights to a third party, our attorneys are equipped to counsel and support you throughout the negotiation and transfer process.

We can help protect your trademarked brand by performing trademark searches and registration, proactive monitoring to detect infringing uses, and trademark enforcement. Maximizing the recognition and goodwill associated with your business is a key component to achieving national and international success.  Our trademark lawyers work to develop and maintain our clients’ brands at each and every stage of the business, including trademark searches and registration, proactive monitoring to detect infringing uses, and trademark enforcement.

Trademark law requires that you police your mark to preserve its status as a source identifier.  Trademark holders need to be wary of losing their distinctiveness, such as by allowing other uses, which may dilute the mark, or by allowing the mark to become generic for a particular good or service.

After successful prosecution of your U.S. or foreign patent, our patent licensing attorneys can help you identify potential licensees and negotiate favorable patent licensing agreements. 

Our patent licensing attorneys are skilled at developing valuable intellectual property for our clients. For many of our clients this means a successful license agreement that provides regular royalty payments. After successful prosecution of your U.S. or foreign patent, our firm has the experience necessary to identify potential licensees and negotiate terms that will maximize the return on your investment. For those clients looking to license technology, our attorneys are qualified to negotiate favorable patent licensing terms that protect your rights and business concerns.

Intellectual property contracts require a more detailed approach. Our IP attorneys are well-versed in contract law and can provide unique insight into the intellectual property considerations that accompany these deals. 

While there are many attorneys qualified to handle contracts, not all will understand the nuances that accompany contracts for intellectual property. These contracts require a detailed approach that considers the parties’ complete intellectual property portfolios, as well as the specific issues presented by licensing or transferring a contract. Our team of IP lawyers is well-versed in contract law and provides unique insight into the intellectual property considerations that accompany these deals – insight that results from years of experience in handling intellectual property matters.

Our expert IP attorneys can help you grow your brand and maximize profits through the licensing and sale of soft intellectual property rights, including trademarks.

Licensing and the sale of soft intellectual property rights, such as trademarks, can be just as valuable as patent licensing or the sale of patents; however, it includes its own set of risks and considerations. For example, trademark licensing requires detailed agreements covering issues such as quality control and permitted scope of use, along with monetary compensation. Our team of trademark licensing attorneys is well-versed in these issues and is ready to help you grow your brand and maximize your impact through soft IP licensing.

Upon acquiring a U.S. or foreign patent, our patent attorneys can help you identify and negotiate with potential buyers, and maximize the sale price of your patented invention or product. Our patent attorneys understand that for many of our clients the end goal is to sell your patent rather than practice your idea. After acquiring a U.S. or foreign patent, our firm can help you identify and negotiate with potential buyers. Working with experienced patent sales attorneys can be critical to maximizing the sale price of your invention.

The attorneys at Schmeiser, Olsen and Watts not only possess advanced science, engineering, and other technical degrees, but many actually have on-the-job experience in corporate America — designing, developing and using many of the technologies our clients draw upon when developing new ideas.

Our highly skilled biotech patent attorneys provide their clients with the broadest possible range of technical backgrounds and industry experience necessary to protect the complex intellectual property interests unique to the fiercely competitive and rapidly evolving biotech industry. LEARN MORE
The chemistry practice at Schmeiser Olsen & Watts includes knowledgeable and enthusiastic chemical industry patent attorneys, agents, professionals and former USPTO examiners with educational and technical backgrounds in a broad array of chemical disciplines. LEARN MORE
Our computer technology & software patent attorneys file hundreds of patents each year in cutting-edge technologies, including artificial intelligence, data mining, e-commerce, cloud-computing, mobile systems, manufacturing systems and Web analytics. LEARN MORE
Our electrical engineering patent attorneys have experience in a variety of fields, including consumer electronics, transportation, mobile technologies, semiconductors, automation, and much more, allowing us to to offer a variety of IP law services to individuals, startups and large corporations. LEARN MORE
The mechanical arts practice at Schmeiser Olsen & Watts has a robust team of patent attorneys and agents with various engineering backgrounds, including mechanical engineering, civil engineering, industrial engineering, structural engineering, aerospace engineering and others. LEARN MORE
Schmeiser, Olsen & Watts has been actively prosecuting, litigating and licensing medical device patents for nearly thirty years. Our medical device patent attorneys have experience in a variety of fields, including endovascular devices, medical imaging, laparoendoscopic instruments and healthcare operations. LEARN MORE
Our optical technology patent attorneys and agents have extensive experience in patent prosecution and litigation, as well as IP consulting and commercialization in a variety of optics fields, including optical systems, lasers, LEDs, fiber optics and optical fabrication techniques. LEARN MORE
Our highly skilled pharmaceutical patent attorneys understand the challenges of protecting pharmaceutical innovations on a global scale, and have worked with clients on patents for small and large molecule drugs, biologics, drug delivery systems, imaging solutions and pharmaceutical process development. LEARN MORE