IP Services

Todd E. Marlette, Esq. assists creative people with all forms of intellectual property, including patents, trademarks and copyrights. Please download our main e-brochure.

"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.

Todd E. Marlette, Esq. provides assistance to clients in all aspects of the patent system including: Patent Searching, Patent Application Drafting, Patent Prosecution, Opinions, Appellate Practice, Licensing, and Enforcement. Todd E. Marlette, Esq. also provides large scale patent portfolio consulting and management, while drawing upon over ten years experience with a major telecommunications company. In addition, Todd E. Marlette, Esq. provides international patent services such as direct filings under the Patent Cooperation Treaty and foreign prosecution and enforcement through a network of foreign associates.

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 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.

U.S. patent applications are often prepared with informal drawings supplied by our clients, but can also prepare high quality formal drawings by coordinating with our local draftsman. Patent applications are usually prepared in Word while drawings are usually prepared in Visio. 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.

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. Todd E. Marlette, Esq. provides searching in all areas of technology. We have particular expertise in the electrical, software, business method and mechanical arts. Results are quickly communicated 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.

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 may require the filing of an action in state or federal district court by an attorney registered in that jurisdiction. In addition, we may prepare and file simultaneous state trademark applications in all fifty of the United States.

Our copyright practice includes searching, clearance, opinions, consulting, 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. 

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.

Today, corporate security and risk management involves protection of your IP. This may include internet security, a review of outside consultants, and an audit of your internet presence.

In today's business environment, vigorous enforcement of your intellectual property rights often becomes necessary. Todd E. Marlette will team with co-counsel to vigorously enforce your rights should court action become necessary in a jurisdiction where Mr. Marlette is not registered.