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Areas of Practice

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Patents

A patent is an intellectual property right conferred by a jurisdictional authority, such as a government or intergovernmental organization. A patent functions essentially as an agreement between an inventor and the jurisdictional authority whereby the jurisdictional authority grants the inventor the right to exclude others from making, using, offering for sale, selling, or importing his invention in the relevant jurisdiction for a limited time in exchange for public disclosing the invention when the patent is granted.

The most common type of patent is a utility patent, which is directed towards new and useful processes, machines, articles of manufacture, or compositions of matter, or any new and useful improvement thereof. Also available are design patents directed towards an original and ornamental design for an article of manufacture and plant patents directed towards the discovery and asexual reproduction of any distinct and new variety of plant.

The patent practice at the Keys Law Firm, PLLC, includes:

  • Client consultations on invention development and the patent process
  • Patentability searches and opinions
  • Patent infringement opinions
  • Patent application preparation, filing and prosecution
  • Due diligence in patent enforcement
  • Patent infringement litigation on behalf of a patentee
  • Patent infringement litigation on behalf of an accused infringer, including declaratory judgment actions
  • Alternative dispute resolution in patent infringement matters
  • Licensing negotiations

Patent resource links:
http://www.uspto.gov/patents/index.jsp
http://www.uspto.gov/patents/process/index.jsp
http://www.wipo.int/patentscope/en/patents/

Copyrights

Trademarks
A trademark or service mark is form of intellectual property which can attach to a mark, which may be any word, name, symbol, device, or any combination, that is used or intended to be used as a unique source identifier for the goods/services of one seller or provider. A trademark right may attach to a mark upon its use in commerce as a unique source identifier. Registration of a trademark with a jurisdictional authority typically confers additional advantages which may broaden the scope of the right or assist in enforcement of the right.The trademark practice at the Keys Law Firm, PLLC, includes:

  • Client consultations on trademark selection and registration
  • Trademark validity searches and opinions
  • Trademark infringement opinions
  • Trademark application preparation, filing and prosecution
  • Due diligence in trademark enforcement
  • Trademark infringement and unfair competition litigation on behalf of an accuser, including declaratory judgment actions
  • Trademark infringement and unfair competition litigation on behalf of an accused, including declaratory judgment actions
  • Alternative dispute resolution in trademark infringement and unfair competition matters
  • Resolution of Internet domain name disputes
  • Trademark right transfer negotiations

Trademark resource links:
http://www.uspto.gov/trademarks/index.jsp
http://www.wipo.int/trademarks/en/about_trademarks.html

Trade Secret

A trade secret generally comprises confidential business information which is not readily accessible by the public and which derives economic value from its confidentiality or inaccessibility. Trade secrets must also be subject reasonable efforts to maintain their secrecy. The Keys Law Firm, PLLC’s practice includes the strategic planning aspects of establishing protectable trade secrets and litigating trade secret claims.

Unfair Competition

Unfair competition is a broad legal concept which can encompass business conduct which may be unlawful, deceptive, untrue, misleading, unfair, and/or fraudulent. Remedies for unfair competition may be available to businesses injured by the conduct and are typically based on statute, regulation, or common law. The Keys Law Firm, PLLC’s practice includes litigating unfair competition claims of behalf of clients who have been injured by unfair competition and client who have been accused of unfair competition, and James Keys has experience in litigating such claims.