IP Services

The Law Office of Todd E. Marlette, Esq. assists creative people with all forms of intellectual property, including patents, trademarks and copyrights. To download our electronic firm brochure, please click here.

Patent Services

"The patent system . . . [has] added the fuel of interest to the fire of genius, in the discovery and production of new and useful things." Abraham Lincoln, Lecture on Discoveries and Inventions, Jacksonville, Illinois, February 11, 1859.

We provide assistance to clients in all aspects of the patent system including: Patent Searching, Patent Application Drafting, Patent Prosecution, Legal Opinions, Appellate Practice, Licensing, and Enforcement. We also provide international patent services such as direct filings under the Patent Cooperation Treaty and foreign prosecution and enforcement through our network of foreign associates.


Patent Applications

A United States patent application constitutes "one of the most difficult legal instruments to draw with accuracy." Topliff v. Topliff, 145 U.S. 156, 171 (1892).

Patent applications are prepared by our law office with a view toward trends in the most recent Federal Circuit decisions as well as the particular needs and concerns of our clients. United States applications designated for PCT filing or seeking to claim Paris Convention priority abroad are prepared to minimize revision by foreign associates during foreign prosecution. Likewise, non-U.S. origin applications are economically modified to comply with the formal requirements of the U.S. Patent and Trademark Office and to reduce government fees.

We often prepare U.S. patent applications with informal drawings supplied by our clients, but can also prepare high quality formal drawings by coordinating with our local draftsman. Patent applications are prepared to be compatible with our client's preferred software packages including Word and WordPerfect formats. We conveniently prepare U.S. patent applications for filing and docketing by in-house counsel or may maintain the applications on our firm docketing system.


Marlette, 1998


Patent Searching

Patent searches and related opinions are prepared while recognizing the importance of client resources. The task of preparing patent validity, infringement, or right to use opinions is intimately related to the quality of the search performed. The law office of Todd E. Marlette, Esq. provides searching in all areas of technology. We have particular expertise in the electrical, software, business method and mechanical arts. Legal opinions may also be prepared as they relate to the subject matter of a search. This avoids unnecessary duplication of evaluative and analytical effort while providing higher quality and more efficient use of resources.


Trademark Practice

The law office of Todd E. Marlette, Esq. provides assistance in all aspects of trademark acquisition and enforcement including searching, clearance, and right to use opinions, as well as registration, and inter partes proceedings before the Trademark Trial and Appeal Board. While many trademark disputes may be resolved through negotiations, enforcement of trademark rights often requires the filing of an action in state or federal district court. In addition, we may prepare and file simultaneous state trademark applications in all fifty of the United States.


General Foods, 1978


Copyright Practice

Our copyright practice includes searching, clearance, legal opinions, registration and U.S. Copyright Office appellate practice. Copyright protection may subsist in fixed works of authorship, including literary works; musical works, dramatic works, pantomimes, fine arts (pictorial, graphic and sculptural), motion pictures, sound recordings, and architectural works. 


IP
Strategy

Whether it's "means - ends" or Six Sigma, you need an IP strategy that you can easily understand and efficiently execute. A patent, trademark or legal contract may be entirely useless without a clear understanding of the business objective. Whether your patent or trademark is the foundation of your product line, or whether you are building your IP portfolio, a legal IP audit can ensure effective utilization of your valuable corporate resources.

Corporate Security

Today, corporate security involves protection of your IP. Our practice covers internet security, including drafting of employment agreements, security review of outside consultants, and a legal audit of your software system.

Enforcement

In today's business environment, vigorous enforcement of your intellectual property rights often becomes necessary. The Law Offices of Todd E. Marlette will vigorous enforce your rights in federal district court. We offer hourly and contingent fee litigation. If your complex litigation exceeds our current resources, we will team up with co-counsel to vigorously enforce your rights.