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
5,517,983
7/17/2018
KRILLWELL for dietary and nutritional supplements for cats and dogs containing Omega essential fatty acids, in particular, krill meal and krill oil Pet Healthbox, LLC.
5,515,125
7/10/2018
EAT PRAY GET WELL for chocolate dips, edible cookie dough not intended for baking and providing a website featuring information on health, wellness and nutrition Eat Pray Get Well, LLC.
5,515,124
7/10/2018
EAT PRAY GET WELL for chocolate dips, edible cookie dough not intended for baking and providing a website featuring information on health, wellness and nutrition Eat Pray Get Well, LLC.
5,507,739
7/3/2018
DERMWELL for dietary supplements for cats and dogs; dietary supplements for animals Pet Healthbox, LLC.
5,508,993
7/3/2018
MyTotalWorld for online retail department stores services; online retail store services featuring a wide variety of consumer goods; online trading services, namely, operating online marketplaces for sellers and buyers of goods and services; online trading services in which sellers post products or services to be offered for sale, and purchasing or bidding is done via the Internet in order to facilitate the sale of goods and services by others via a computer network; providing a website featuring evaluative feedback and ratings of sellers' goods and services, the value and prices of sellers' goods and services, buyers' and sellers' performance, delivery, and overall trading experience in connection therewith posted by consumers for commercial purposes; providing a searchable online advertising guide featuring the goods and services of online vendors; providing a searchable online evaluation database for buyers and sellers featuring the value and prices of sellers' goods and services, buyers' and sellers' performance, delivery, and overall trading experience in connection therewith Eastern Vision Limited.
5,500,870
6/26/2018
NITRODEFENDER for software as a service (SAAS) services featuring software for classifying and analyzing security data, detecting abnormal cyber activity, and providing a graphic visualizer of threats in the field of cyber security Nitrodefender, LLC.
5,500,928
6/26/2018
WELLSYN for veterinary products, namely, joint supplements; veterinary preparations for improving and supporting joint function and mobility in companion animals; dietary supplements for animals; joint supplements for animals; nutraceutical preparation for veterinary purposes for improving an supporting joint function and mobility Pet Healthbox, LLC.
5,500,821
6/26/2018
RANGE PRO for golf training equipment, namely, driving tees; golf training apparatus, namely, golf practice mats; gold driving practice mats; gold practice nets; gold driving tees Advance Tech One Inc..
5,504,649
6/26/2018
NUTRITION UNCOMPROMISED for dietary supplements Biogenetix, LLC.
5,498,323
6/19/2018
WATERDOG for dietary supplements for pets Waterdog USA LLC.
5,497,642
6/19/2018
TBG cartoon super hero for life insurance underwriting The Bailey Group, Inc..
5,497,869
6/19/2018
BABY CAKEZ CREATIONS for gift packages primarily comprised of baby bodysuits Baby Cakez Creations, LLC.
5,499,039
6/19/2018
CETRAX for records management services and professional continuing educational services Bracken Engineering, Inc..
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