Smith & Hopen represents clients world-wide in a practice limited exclusively to intellectual property law including patents, trademarks and related litigation.  The firm is one of the largest IP practices in the State of Florida and represents clients ranging from independent inventors to Fortune 100 institutions.  All attorneys at Smith & Hopen are registered to practice before the U.S. Patent & Trademark Office.


News & Updates

New Guidelines May Help Patent Software

, Smith & Hopen, PA ( ) The pendulum may have swung back to patenting software again. Since 2014 when the Supreme Court handed down its inscrutable ruling in Alice v. CLS Bank International, 134 S. Ct. 2347 (2014), the patentability of software and computer systems became a gray area of law. Some also felt that former US... read full article

Two recent Supreme Court decisions shape the scope of post-grant patent proceedings

, Smith & Hopen, PA ( ) On April 24, 2018, the Supreme Court announced opinions in two cases involving patent rights—Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and SAS Institute, Inc. v. Iancu. The long-awaited Oil States opinion decided on the legality of inter partes reviews (IPRs); simila... read full article

New - USPTO Issues Guidance on Patent-Eligible Subject Matter (35 U.S.C. 101)

, Smith & Hopen, PA ( ) As many software-related inventors can attest, patent protection can be difficult to obtain for software applications. Most software-related patent applications are rejected by United States Patent and Trademark Office (USPTO) examiners, particularly under 35 U.S.C. § 101 – the statute th... read full article

Six Questions for Building a Brand

, Smith & Hopen, PA ( ) 1.      Is your brand already in use by another? When creating a brand, it is important to verify that there are no other similar brand names used in connection with similar goods/services. The existence of multiple brand names could cause consumer confusion and pote... read full article

Supreme Court and Patent Death Squad

, Smith & Hopen, PA ( ) Inter Partes Review (IPR) is an administrative proceeding before the United States Patent & Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB). IPRs are generally an 18-month process in which a petitioner seeks invalidation of a patent based on prior publication (e.g., “prior ar... read full article

Track One Prioritized Patent Examination—Cut to the Front of the Line

, Smith & Hopen, PA ( ) Under a typical examination by the United States Patent and Trademark Office (USPTO), the process of receiving an issued patent can take several years. For example, the average time before receiving a first office action (communication on the merits of application) is about 18 months. Moreov... read full article

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Representative Clients

Recently Awarded Patents

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Recently Issued Trademarks

Registration Mark Registrant
5,581,933
10/9/2018
Geometric Logo for clothing, namely, hoods, jackets, shirts, ties and tops Florida Polytechnic University.
5,580,333
10/9/2018
DTP Logo for dresses Frank & Adam Apparel LLC.
5,575,434
10/2/2018
BLINKIT for electric warning lights Willowbrook Promotions, LLC.
5,574,916
10/2/2018
JUNK-BUDDY for trash clean-up Junk Buddy, Inc..
5,575,433
10/2/2018
BLINKIT for electric warning lights Willowbrook Promotions, LLC.
5570201
9/25/2018
ALMOST A BANK for check cashing; issuing prepaid credit card; money order services; savings account services; temporary loans Almost a Bank, L.L.C..
5,572,055
9/25/2018
SOULGANI for athletic apparel, namely, leggings and tank tops; athletic tops and bottoms Soulgani, Inc..
5,572,059
9/25/2018
Design Logo for athletic apparel, namely, leggings and tank tops; athletic tops and bottoms Soulgani, Inc..
5,571,737
9/25/2018
BROOKSVILLE BLUEBERRY FESTIVAL for conducting entertainment exhibitions in the nature of an annual food festival; organizing community festivals featuring primarily food and drink tastings and also featuring live music, live audio and visual street performances, and mobile street vendors featuring food, drink and souvenirs Active Food Service Management, Inc..
5,558,472
9/11/2018
PROTIZYME for nutritional supplements JBJE Trademarks LLC.
5,549,193
8/28/2018
NUTRIPRENEUR for affiliate marketing for vitamins and nutritional supplements Eastern Vision Limited.
5,538,653
8/14/2018
BELLYFAT.COM for providing a website featuring information about nutrition BellyFat.com LLC.
5,540,337
8/14/2018
MAGENTA STUFF for water treatment chemicals for use in swimming pools and spas Jack's Magic Products, Inc..
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