• Intellectual Property

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    We guard your Intellectual Property

Balser & Grell IP Law, LLC is the wave of the future in patent preparation and prosecution law firms.

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Patents

The purpose of a patent system is to provide an advantage to society as a whole by rewarding the development of new inventions to incentivize innovation. The patent system has two basic purposes: to promote the advancement of technology and to protect the inventor.

The patent system provides a process for the disclosure of valuable information to stimulate research. To obtain a patent, an inventor must provide the public with the best mode of making and using the subject matter disclosed in the specification to the best of the inventor's knowledge. Thus, the patent system rewards only those inventors who are willing to share their inventions with the whole world. This process enables other innovative moinds to use the disclosed subject matter to make further innovations.

The information disclosed in a patent application is usually available to the public well before a patent issues. Generally, a patent application is published 18 months after its initial filing. The exception to this rule is that an applicant who has filed only in the U.S. and not abroad may request that the U.S. application not be published. If, however, the applicant files in a foreign country, then the U.S. patent application will be published, regardless. Once published, a patent application with all its information is available to everyone. Thus, the patent system greatly stimulates the flow of scientific and technological knowledge. Societies that protect inventors with patents are the world's most advanced - scientifically and technologically.

The success of many companies in today’s economy depends upon their ability to create, identify, and protect their intellectual property rights. From high-tech startups to established Fortune 500 companies, B&G attorneys have assisted their clients in establishing and protecting their intellectual property rights, both in the U.S. and abroad. Because of our experience working within companies, we can help our clients at all stages in the life cycle of intellectual property, helping employers ensure that they own the intellectual property work product of their employees and contractors, helping companies identify new intellectual property they have created, obtaining formal protection for new brands, ideas and innovations, and defending those valuable property rights from third-party infringers, among many other tasks.

We draft, prosecute,
and protect the rights
involved in all aspects of
your intellectual property
Benjie Balser

Trademark

A business' identity, reputation, goodwill, and brand are all critical in establishing a competitive edge in today's marketplace, and investment in these areas actually equates to real profits. It is obvious then that the importance of protecting a business' trademarks, which operate as the embodiment of the identity, reputation, goodwill, and brand attached to the business' quality goods and services, is constantly increasing. Thus, our trademark practice is one way that we help turn our client's ideas into assets.

Balser & Grell has a thriving trademark practice that routinely involves handling complex trademark issues where millions of dollars or perhaps even the very existence of a brand is at stake. Our trademark attorneys provide a complete range of services and have extensive experience and a wealth of resources to successfully and efficiently handle all trademark related matters, which range from prosecuting applications to disputes before the Trademark Trial and Appeal Board. More specifically, we offer our clients a full range of trademark services, which include:

  • Mark selection and clearance
  • Prosecution and maintenance-domestic and international
  • Counseling, including portfolio management
  • Licensing
  • Due diligence
  • Trade practice and antitrust issues
  • Civil litigation at both the trial and appellate levels, including infringement and dilution cases, counterfeiting, gray-market goods, false advertising, and cybersquatting
  • PTO litigation, including oppositions and cancellation proceedings
  • Domain name administrative proceedings, including cases under ICANN's Uniform Dispute Resolution Policy and similar policies
Balser & Grell IP Law
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Transactional Matters

Balser & Grell is well positioned to offer our clients the full range of services required to negotiate, restructure and expand their businesses, and in this context we recognize that many of our clients' business transactions will involve aspects of intellectual property. We are skilled in providing the necessary IP due diligence required in such transactions, and in negotiating, drafting and finalizing the IP contracts and documents required to close your deal.

The negotiation and drafting of licenses is one of the key services we offer in this area, and in this regard we understand that licensing programs must be uniquely and creatively tailored to the needs of our clients' particular transaction. In some instances the purpose of a license will be to leverage the value of our client's patent as a business asset in order to generate revenue. In other instances licenses form the basis for joint venture and other collaborative undertakings between companies, and particularly in this context an understanding of ways in which to structure such licenses in a balanced and workable manner will be crucial to the success of the collaboration. B&G has a wealth of experience in negotiating, structuring, drafting and closing transactional intellectual matters, involving all areas of intellectual property including patents, trademarks, trade secrets and copyrights. B&G also offers services in e-commerce, information systems and computer software transactional matters.

IP Transactional Services and Due Diligence

Exploiting Patents

Balser & Grell's Intellectual Property attorneys have extensive experience in assisting clients to exploit their patent rights and related technology and know-how. These efforts have included negotiating and developing technology transfer arrangements for clients, such as joint ventures and technology development, collaboration and license agreements, both in the United States and abroad.

Exploiting Trademarks

We are experienced in working with clients to exploit trademark assets, especially through trademark licensing, franchising and securitization.

Exploiting Copyrights

B&G attorneys have worked with clients to develop licensing arrangements designed to maximize the rights of copyright owners. This has included the filing of copyright registrations (as well as trademark registrations), samples and other materials with controlling agencies and authorities.

Licensing Trade Secrets and Know-How

Our attorneys have extensive experience in negotiating and developing domestic and foreign technology development, license and transfer arrangements which make trade secrets and know-how available to the client or to others while maintaining sufficient prohibitions on disclosure to protect this form of intellectual property.

Joint Ventures

Our attorneys are involved in the negotiation and formation of collaborations and joint ventures in a variety of technical areas. This work is done for both foreign and domestic clients and includes technology transfer in a variety of countries and industries, which range from software design and development, to biotechnology and pharmaceutical diagnostics and therapeutics, among others. We work with other firm attorneys in areas of the law that can affect joint venture technology transfer arrangements, such as mergers and acquisitions, corporate formation and compliance, bankruptcy, and product liability.

Financing and Venture Capital

We conduct due diligence review of the intellectual property holdings of target entities and potential investments. This includes not only consideration of the intellectual property held by the company, but also consideration of the merits of potential and existing claims against the company. We also review and negotiate the agreements involved in such transactions.

License Agreements

B&G regularly provides domestic and international clients with legal advice and negotiation assistance in connection with all aspects of licensing arrangements. This can include providing: (1) analysis of patents (and relating technology and know-how) to assess validity, scope of protection and likelihood of infringement; (2) review of applicable domestic and international intellectual property, antitrust, tax, product liability, export control, bankruptcy, environmental, employment and other laws and regulations that could bear upon the performance or enforcement of a license agreement; and (3) the determination—in light of the law and the client's objectives—of such matters as what form of payment to use (e.g., upfront license fees and/or royalties of various types), whether a license should be exclusive or nonexclusive or confined to a single country or territory, and whether to permit manufacture, sale and sublicensing.

Technology Transfers and Assignments

We counsel clients in connection with the assignment, transfer or securitization of intellectual property rights. We assist clients with their due diligence investigation of the identity, ownership, validity and value of the properties to be transferred, and the drafting and filing of appropriate assignment and security agreements, including—where appropriate—representations, warranties and other safeguards designed to ensure the client's receipt of the full benefit of the contemplated intellectual property transfer.