Find Lawyers in Las Vegas, Nevada for Patent Law
Practice Area Overview
A patent is a contract between an inventor and the government. The inventor provides a complete description of the invention to the public in an application for patent. This benefits the public by providing knowledge of the invention for use as a foundation for additional innovation. In return, if the invention is new (as compared to everything known to the public prior to the invention), a patent is issued. This patent gives the inventor a right to exclude others from making, using, offering for sale, or selling the patented invention throughout the United States, and from importing the invention into the United States, for the life of the patent, usually 20 years from filing.
Grant of a patent does NOT itself give an inventor a right to exploit the patented invention – it only gives the inventor a right to exclude others from practicing the invention. For example, if an inventor makes an improvement to a previously patented machine, and gets a patent, the inventor can prevent the owner of the original patent from using the improvement. However, the inventor may not be able to exploit the improvement itself, at least until the original patent expires, because such exploitation might infringe that original patent.
Title 35 of the United States Code (the “Patent Statutes”) set forth the standards and procedures for obtaining patents. Patents are granted by the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce.
The following items are patentable under these statutes:
- Processes: new methods of doing something
- Machines: engines, machinery, instruments, gadgets, etc.
- Articles of manufacture: circuits, tools, structures made of metal, plastics, ceramics, etc.
- Compositions of matter: new pharmaceuticals, chemical compounds, naturally occurring substances when substantially purified, DNA sequences, biological materials, e.g. bacteria, viruses, proteins and protein fragments, monoclonal antibodies, epitopes, and vectors.
- Improvements in any of the above
- Living organisms: genetically altered plants and animals.
- Computer programs: alone and in conjunction with other equipment.
- Business methods: methods for doing business, but not those solely directed to patenting abstract ideas.
- Designs: ornamental aspects of articles of manufacture.
- Non-patentable items include: nebulous concepts or ideas, laws of nature (e.g., gravity), mathematical algorithms alone (but computer-implemented mathematical algorithms producing a concrete, useful, and tangible result are patentable subject matter), and purely mental processes.
A key element to effective patent protection is writing patent claims that define the invention as broadly as possible, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.
Trusted IP attorney with background as a professional musician. Brings an artist’s perspective to copyrights and contracts. Has represented both plaintiffs and defendants in trademark and copyright disputes. Both an attorney and a professional musician, Peter Ajemian offers his clients a unique perspective as he combines his real-world experiences in the music industry with over a decade and a half of experience in intellectual property law. Peter is a published songwriter and guitarist...
Ms. Craft, an “AV/Preeminent Attorney®” as rated by Martindale-Hubbell®, is a shareholder in and the chairman of the firm’s Intellectual Property and Entertainment & Sports Departments. She practices primarily in the areas of domestic and international trademark and copyright prosecution, licensing and enforcement. Ms. Craft consults with clients in identifying various protectable aspects of the clients’ products, services and concepts, and in developing an...
Skilled IP attorney with concentrated expertise in trademarks, domain names, copyrights, rights of publicity and entertainment. Has successfully prosecuted hundreds of trademark applications. Develops creative and cost-effective strategies for maximizing brand value. Erin Grolle specializes in managing large-scale trademark portfolios for gaming, entertainment and hospitality clients. Her comprehensive trademark services include advising clients on trademark selection, clearance, registration...
Mr. Krieger is a shareholder in the firm’s Intellectual Property and Entertainment & Sports Departments. He concentrates his practice on intellectual property litigation in both state and federal court; prosecuting and defending clients for claims including trademark infringement, copyright infringement, domain name litigation; as well as trade secret misappropriation and unfair competition. Mr. Krieger has extensive experience litigating cases involving the infringement of intellec...
Edward J. Quirk focuses his practice on intellectual property law, with an emphasis on patent, trademark and copyright matters. Ted, the Co-Founder of Quirk & Tratos, has provided leadership as past President of the Nevada Intellectual Property Law Society. He serves on the Boards of many community organizations, including serving as President of the Boys & Girls Clubs of Las Vegas, and Founder and Chair of its Foundation. He has also served as Chair of the Board of Trustees and the E...
Bethany Rabe focuses her practice on entertainment-related litigation, with particular interest in copyright, trademark, right of publicity, defamation, and Internet matters, as well as appellate litigation and brand management. Bethany also has a broad range of general commercial litigation experience. Concentrations Copyright and trademark litigation Entertainment disputes Commercial and business litigation Defamation and anti-SLAPP Digital Millennium Copyright Act (“DMCA”) comp...
Mark G. Tratos is the founding Shareholder of the firm's Las Vegas office, home of the largest group of entertainment attorneys in Nevada. Previously, he was the Co-Founder of the firm of Quirk & Tratos. Mark focuses his practice on a variety of entertainment, intellectual property and litigation matters. He represents numerous artists and performers, resort, hotel and casino entities in federal court litigation involving trademark, copyrights, domain names, rights of publicity and privac...
Accomplished IP attorney with concentrated focus in strategic brand management in the U.S. and abroad. Niche expertise in advertising compliance strategies and promotional sweepstakes and contests. Proactive trademark portfolio management including clearance, registration, protection and enforcement. A proactive strategist, Lindsey Williams advises clients in acquiring, protecting and enforcing intellectual property assets including trademarks, domain names, copyrights and rights of publicity...
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