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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Recently Issued Trademarks

Registration Mark Registrant
PROTIZYME for nutritional supplements JBJE Trademarks LLC.
NUTRIPRENEUR for affiliate marketing for vitamins and nutritional supplements Eastern Vision Limited.
BELLYFAT.COM for providing a website featuring information about nutrition LLC.
MAGENTA STUFF for water treatment chemicals for use in swimming pools and spas Jack's Magic Products, Inc..
PREMIUMLIFE PLUS for insurance consulting in the field of life insurance; financial services, namely, wealth management services Universal Financial Consultants, Inc..
WILDHORSE CHALET for real estate services, namely, rental of vacation homes Frank & Colleen Russo.
GANDHI FOR PRESIDENT for clothing, namely, hats, caps, shirts and t-shirts Gurus Inc..
Design Logo for educational services, namely providing courses of instruction for others at the University level Florida Polytechnic University.
Swimming Snake for fishing lures Limit Systems LLC.
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.
DEALMAKER for providing a website featuring non-downloadable software for use by automobile purchasers in calculating finance and lease payment estimates in the field of automobile sales Intice, Inc..
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.
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.
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