Intellectual Property Attorneys Scully, Scott, Murphy & Presser, P.C.

In order to protect a technological innovation or advancement, it is essential to secure a patent from the United States Patent and Trademark Office (USPTO). A patent is the right to exclude others from making, selling, using, or offering for sale an invention. Nonetheless, obtaining a patent is complicated since it requires showing that the invention is new, useful and non-obvious. By understanding our clients’ innovations, we work diligently to craft the broadest possible patent claims and ensure that their rights are protected. The patent attorneys at SSMP leverage their legal knowledge and technological proficiency to help our clients shepherd patent applications through the USPTO. We also have a thorough understanding of international patent procedures under the Patent Cooperation Treaty (PCT).

The surest way for a business to establish a brand identity is through the strategic use of trademarks and service marks. Obtaining a proper trademark registration from the USPTO provides the holder with powerful legal recourse to bar others from using that mark. At SSMP, our trademark attorneys work with clients through all phases of brand identification and trademark selection. We are highly experienced in conducting searches of the trademark registry and routinely handle the registration process. Our trademark attorneys also prepare applications for the international registration of trademarks under the Madrid System.

Businesses must protect methods, formulas, methods, techniques and other confidential information that has an independent economic value. In order to be considered a trade secret, reasonable steps must be taken to keep the material confidential. SSMP helps our clients protect their trade secrets through the use of nondisclosure and noncompete agreements. We also pursue remedies for trade secret theft in state and federal court under the Uniform Trade Secrets Act and the Defend Trade Secrets Act.

A copyright protects an idea that is fixed in a tangible medium such as literary, artistic and musical works, including sound and video recordings. A copyright registration gives an owner the right to use, license or exploit the work in other ways. Additionally, a copyright allows an owner to exclude others from using the work. Although registration is not required to establish a copyright, it is necessary to secure significant legal remedies against infringement. SSMP assists our clients with completing and submitting copyright applications for their original work. We also advise businesses who have commissioned a work for hire and design strategies for copyright acquisitions, often in the context of mergers and acquisitions.

There are many benefits of securing intellectual property protection, not the least of which are the power of exclusivity and protection against infringement claims. Additionally, intellectual property rights are also valuable assets that can help a business gain access to new markets and tap into additional sources of revenue. To help our clients achieve these objectives, SSMP designs comprehensive IP strategies that consider the purchase, sale or licensing of intellectual property.

SSMP provides clients with offensive and defensive capabilities inside or outside of the courts. We represent clients in post-grant proceedings — inter partes review (IPR), post grant review (PGR), covered business method review (CBM) and derivation proceedings (DP) before the Patent Trial and Appeal Board (PTAB). We also handle opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB). When necessary, we litigate intellectual property disputes in federal court. Our trial attorneys are highly experienced in all aspects of trademark and unfair competition litigation, including trade dress infringement, counterfeiting, false advertising, “grey market” actions and trade disparagement.