Intellectual Property
Intellectual Property has become more and more important to businesses. Recently, we have dramatically increased our ability to perform the legal work associated with Intellectual Property. We have been joined by Keith Bergman and Bill Jeckle, two very experienced members of the Patent Bar who are also registered with the U.S. Patents and Trademarks Offices. This allows our business clients to obtain the vast majority of their legal services from our firm. Please click on any of the tabs below for information in that specialty area.
What is a Patent?
A grant made by the government that confers upon the creator of an invention, the sole right to make, use, and sell that invention for a set period of time.
The Firm's Patent Practice includes the handling of utility, design, provisional and plant patents. We prepare and prosecute patent applications domestically and internationally. Our patent prosecution practice covers a broad range of industries and a variety of arts that include the electrical, chemical, manufacturing and material sciences. We have prepared and prosecuted applications for patents for mechanical objects, quality assurance procedures, manufacturing methods, chemical objects and processes, chemical compositions, board games, explosive devices, motor vehicle apparatuses, medical and dental instruments, businesses processes and methods, and nuclear devices, among others. Our experience includes but is not limited to:
- Domestic and International Patent Application Preparation
- Filing and Prosecution of Domestic and International Patent Applications
- Patent Infringement Suits
- Patent Appeals
- Management of International patent applications (what is this?)
- Patent Licensing and Assignment Preparation, Review, and Due Diligence
- Reexamination requests and Reexamination Proceedings
For more information on patents, click here.
What is a Trademark?
A name, symbol, or other device identifying a service of the owner.
Our Trademark Practice includes preparation, filing, and prosecution of applications for State and Federal trademark protection, as well as the conduct of appeals, cancellation and opposition proceedings in Federal Courts and the Trademark Trial and Appeal Board. We also handle all aspects of trademark infringement disputes, including enforcement, litigation, settlement, and licensing.
Trademarks in the United States can be registered by the U.S. Patent and Trademark Office, or State agencies. State registered trademarks are enforceable within the jurisdiction of the issuing state and are subject to the particular state trademark laws. Federally registered trademarks are enforceable throughout the United States and are enforced in Federal district courts.
Federal law also recognizes that the packaging or trade dress of an article can sometimes be distinctive enough to qualify for protection under the trademark laws. Design Patent protection may in some circumstances overlap with trademark protection.
Trademark litigation is usually filed as, or in conjunction with an Unfair Competition lawsuit. Unfair Competition covers a broad spectrum of legal rights and remedies. The term encompasses deceptive business practices and false advertising, as well as numerous unfair trade practices. Our experience includes but is not limited to:
- Domestic and International Trademark Application Filing, Prosecution and Registration
- Trademark Infringement and Unfair Competition Suits
- Trademark Appeals
- Trademark Cancellations and Oppositions
- Management of international trademark applications
- Trademark Licensing and Assignment Preparation, Review, and Due Diligence
What is a Copyright?
The legal rights granted to an author, composer, playwright or creator of an original work to exclusively copy publish, produce, sell, and distribute the original work.
The Lukins & Annis Copyright Practice covers all aspects of copyright registration and enforcement. International law provides protection to artists and authors to prevent others from copying their original works set down in a tangible media (written, recorded, carved, painted, etc.). In the United States, for a U.S. citizen to receive damages for copyright
infringement, the work must be registered with the Library of Congress Copyright Office.
We recognize that technology has fundamentally altered the historical limits of copyright protection, allowing copyright registration in the areas of software, databases, and websites, as well as in traditional areas such as literature, arts, and music, among others.
Our practice aims at securing the greatest protection for our client's property, regardless of the medium and form that it takes. We also engage in accelerated applications for special handling when known infringers exist. Representation also includes registration of copyrights for software programs that may be submitted concurrently with patent applications directed to software inventions to provide the greatest breadth of protection.
We assist clients in safeguarding their original works by:
- Copyright Registration Filing and Prosecution with the Copyright Office of the U.S. Library of Congress
- Copyright Infringement Suits
- Work for Hire Agreements
- Copyright Assignment Agreements and Review
What is a Trade Secret?
A secret, including but not limited to formulas, methods, device and customer lists that gives one an advantage over
competitors.
Our comprehensive intellectual property practice includes counseling in the handling and licensing of trade secrets, as well
as lawsuits to protect those secrets when misappropriated. We review trade secret controls to see if there are adequate
procedures and agreements in place to maintain trade secret status of proprietary information (such as price lists, supplier
lists, customer lists, technology). Our experience includes but is not limited to:
- Nondisclosure Agreements
- Employee Nondisclosure Obligations
- Trade Secret Misappropriation litigation
Our Intellectual Property attorneys work closely with our firm's litigators who have experience in the following areas:
*Agriculture: Crop Harvesting, Fertilizers, Plant Patent Issues, Seed Issue
*Banking: Representation of Creditor's Rights in Bankruptcy, Foreclosures, Loan Structures
*Business and Corporate: Commercial Litigation, Corporate Mergers, Governance
*Construction: Contracts, Liens, Performance Bonds, Arbitration, Litigation
*Environmental: Air, Chemicals, Mitigation, Water, Wastewater, Superfund Sites
*Labor and Employment: ADA, Age, Race, Religious, Sex discrimination, Policies
*Manufacturing: Product Safety, Processes, Pollution, Software
*Real Estate: Entity Structuring, Sales/Leasing Agreements, Zoning and Land Use Matters
*Technology: Computer Hardware and Software
*Wealth Management: Estate Planning, Gifting, Tax Planning, Probates, Wills & Trusts
Lukins & Annis has been a business law firm since its inception in 1972. We represent businesses of all sizes, including sole proprietors, small partnerships, family businesses, mid size companies and some of the largest private employers in the Inland Northwest. We recognize Intellectual Property has impact on day-to-day operations of many of our clients' businesses. Our attorneys are familiar with a wide range of business issues including business transaction documents, licensing, shareholder buy-sell agreements, employment agreements, vendor manufacturing agreements, nondisclosure agreements, mergers, acquisitions, and buyouts.
