Patent Protection and Prosecution

Holland & Knight’s Intellectual Property (IP) Practice features a Patent Protection and Prosecution Team with both the experience and technological knowledge necessary to advise and protect you in the increasingly complex area of patent prosecution and IP litigation.

Representing a Broad Range of Clients

Our team represents foreign and domestic clients of all sizes in a wide range of technologies, including:

• computer and software
• medical devices
• pharmaceuticals
• biotechnology
• chemistry-related innovations
• electronics and electrical devices
• mechanical devices
• food and flavors
• electromechanical devices

Recognizing the increasing importance of software and the unprecedented speed of new technological development, Holland & Knight’s patent attorneys quickly work to secure our clients’ interests on a broad basis, creating strong patent portfolios to leverage in the marketplace. We obtain comprehensive patents and patent families, securing both design as well as utility patents when appropriate.

Experience and Technological Know-How Working to Protect Your Interests

Our intellectual property attorneys are experienced in key technical disciplines, with many holding degrees in computer and software engineering, electrical engineering, mechanical engineering and aerospace engineering.

Working from a broad base of experience, our patent attorneys counsel clients in a range of industries. From long-standing products and technologies to the latest business-critical products or processes, prosecuting, maintaining, asserting and defending patents impacts virtually every aspect of your business. Developing a forward-thinking patent strategy through product development, patent procurement, due diligence and market analysis is essential to long-term business success.

To achieve your goals, you need an integrated law firm with the ability to understand and guide you through your business and technology strategies, and the capacity to enforce those rights in court. Holland & Knight has both the experience and perspective necessary to understand and support your business goals and strategies, along with a proven track record of success at the United States Patent and Trademark Office (USPTO) and in court. Using a team approach, we collaborate with our firm’s trademark, copyright, licensing and litigation practitioners to assure that all of your needs are met.

Patent Litigation

Successful trial lawyers understand your innovations and your business goals – and how the two components work together. Our team will always consider your business goals when working with you to devise a strategy to protect your intellectual property.

When litigation is required, we skillfully assert your interests in court. We understand judges and juries and are proficient at explaining the complexities of client innovations. We are highly skilled in the nuances of trial strategy and courtroom dynamics and stay abreast of the latest legal issues and trends in the rapidly changing IP landscape. When settlement is our client’s strategic preference, we devise creative solutions to settle the case quickly, cost-effectively and on favorable terms.

We assemble lean, focused litigation teams that include attorneys with the right technical skill and litigation savvy to handle each case. We pride ourselves on our ability to develop a strategy that is tailored to each case, meets the client’s business goals and achieves the kind of results that bring our clients back to us for their next intellectual property matter.

Patent Prosecution

Our team understands that your patent portfolio is a critical asset. That is why we take the time to learn both your technology and your business. This knowledge enables us to work efficiently and effectively to prosecute and maintain your portfolio.

In addition to prosecution work, our patent attorneys have extensive experience in the following areas:

• handling reexaminations, appeals, interferences and opposition proceedings before the USPTO and the U.S. Court of Appeals for the Federal Circuit
• rendering freedom to operate and opinion of counsel letters, including patentability, infringement and enforceability opinions
• counseling on design-arounds and alternative strategies to either avoid infringement or protect intellectual property
• advising on patent portfolio management and optimization
• offering opinions and advice on all forms of patent protection
• establishing strategic patenting programs

Our team members have experience representing clients before the USPTO regarding all aspects of obtaining, prosecuting and maintaining patents. We frequently prosecute patent applications under the Patent Cooperation Treaty (PCT) and, working with foreign affiliates, before various regional and national patent offices, including the European Patent Office (EPO), Japan, Canada, the Far East, South America, Australia and Scandinavia.