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

Private Sales Invoke AIA "On Sale" Bar to Patentability

, Smith & Hopen, PA ( ) On January 22, 2019, the Supreme Court unanimously decided that private sales of inventions invoke the on sale bar to patentability of 35 U.S.C. § 102 (post-America Invents Act, or AIA). See Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. __ (2019).  Prior to the passa... read full article

Smith Hopen Partner Andriy Lytvyn Board Certified

, Smith & Hopen, PA ( ) Andriy Lytvyn earned his board certification in Intellectual Property Law by the Florida Bar this year. He is one of only 141 attorneys currently holding this certification.  According to the Florida Bar, board certification recognizes attorneys’ special knowledge, skills and proficienc... read full article

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

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Recently Issued Trademarks

Registration Mark Registrant
DELIVERY 360 for electronic processing of insurance claims and payment data exclusively between financial institutions, merchants, and insurance companies, the foregoing excluding banking services VPAY, Inc..
DISBURSEMENT 360 for electronic processing of insurance claims and payment data exclusively between financial institutions, merchants, and insurance companies, the foregoing excluding banking services VPAY, Inc..
FIT FOR SNACKING for edible bark containing protein Pervine Foods, LLC.
Stylized Bull Logo for providing courses of instruction for others at the university level; research in the field of education; arranging and conducting athletic events and tournaments, exhibitions for entertainment purposes, conferences for entertainment purposes, live entertainment performances and festivals for cultural or entertainment purposes University of South Florida.
OPAL UNPACKED for on-line journals, namely, blogs featuring travel destination, dining and lodging information Portsmouth Corporate Financial Services, Inc..
INNOVATIVE FOODSERVICE DESIGN TEAM for interior design services, namely, foodservice and hospitality planning and design Louis Wohl & Sons, Inc..
VERTEBRAE for environmental sampling and remediation device, namely, injection well strings comprised of pipes for use in soil and ground water remediation EN RxChemical, Inc..
IN TOUCH for touch screens In Touch Electronics, LLC.
STORZEM for mesh net for storing objects Walker Sports Innovations, LLC.
NeuronaStem for nutritional supplements Biogenetix, LLC.
EXPOSURE MAGIC for cleaning, polishing, and scouring preparations for exposing plaster on swimming pools and spas Jack's Magic Products, Inc..
"N' Logo for restaurant and bar services, including restaurant carryout services; restaurant and catering services Social Holdings, LLC.
GLORIA GO for a series of books and written articles in the field of romance 4Incentive, Inc..
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