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
SOUTHERN MUSCLE for clothing, namely, shirts, sweatshirts, tank-tops, and headbands A & CJP Southern Muscle Nutrition LLC.
MOMMY PLEASE for toys, namely, plastic food and children's play cosmetics Her Pow, LLC.
REINVENTING THE TACO for restaurant, bar and catering services Pineapple Hospitality Group, LLC.
SIMPLE SUPPRESSOR for Ammunition for firearms; Firearm attachments, namely, mounts for attaching accessories to a firearm; Firearms; Silencers for firearms DBdrop Inc..
MY SOCIAL SPA for Arranging, organizing, and conducting social entertainment events; instruction in the field of creating, crafting, and designing bath and beauty products Neo Ventures LLC.
CRE TRAINING PRO for educational services, namely, providing classes in the field of commercial real estate sales CRE Training Pro, LLC.
FIT CRUNCH for powdered protein supplements Pervine Foods, LLC.
THE MEDICARE LADY for insurance services, namely, insurance eligibility review and verification and consultation in the heath insurance industry Darlene Swaffar.
THE MOVEMENT SCHOOL for educational services, namely, conducting classes, seminars, and workshops in the field of physical development including movement training to enhance cognition and performance of basic life functions Scott Malone.
THE HITTING ACADEMY for providing baseball and softball-related training services, namely, baseball and softball lessons, batting cage training, instructional clinics in the field of baseball and softball, and organizing baseball and softball teams, namely, organizing sporting events in the national of baseball games The Hitting Academy Franchise, LLC.
DRIVETRAX for vehicle fleet monitoring services for safety purposes; Providing an on-line database and information clearinghouse for transportation companies and their fleet drivers to report instances of driver misconduct or poor driving, and for sharing of and follow-up on by interested parties Iler Group, Inc..
HECM FOR PURCHASE CERTIFIED for mortgage and banking services, namely, home equity conversion mortgage for purchase services Reverse Mortgage Funding LLC.
FLORIDA POLY for clothing, namely, blouses, bottoms, head wraps, hoods, infant and toddler one pieces, jackets, pants, shirts, shorts, ties and tops Florida Polytechnic University.
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