Services Overview

Whether you are an individual inventor looking to educate yourself on your legal protection options, an established business looking for legal advice and guidance in protecting an entire IP portfolio, or somewhere in between, The Weintraub Group can assist you with your legal needs.

Intellectual Property is a general term which refers to patents, trademarks, copyrights, and trade secrets. Although we can advise you with any matter you may have in these areas, the following is a representative list of the type of services we provide.

Patent Searches and Opinions

We can provide patent searches and opinions to advise you of these representative types of questions:

  • Is my invention patentable, and if so, what features are most likely to be patentable?
  • Does my product infringe any of my competitors’ patents?
  • Do any of my competitors’ products infringe my patents?
  • Is my competitor’s patent valid?
  • How might I design a competing product without infringing my competitors’ patents?

Patent Procurement

We are experienced in preparation, filing, procurement, and issuance of patent applications on inventions in the U.S. Patent and Trademark Office. We can also assist with the payment of maintenance fees to ensure that your issued patent remains valid to its full extent. We also have experience in appealing rejections before the Board of Patent Appeals and Interferences, as well as advocating for clients in re-issue and reexamination proceedings.

We also file international patent applications, or Patent Cooperation Treaty (PCT) patent applications which preserves your filing date for future foreign patent applications.

When it is time to file a foreign patent application, we have a network of patent attorneys in various countries throughout the world that we regularly work with to assist our clients in these endeavors. Working with these patent attorneys, we can assist you in obtaining patent protection in any country you would ever desire. We can also advise you which foreign countries are your best option in terms of the market size and enforcing your patent rights.

Trademark Searches and Opinions

Just as with patents, we can search and advise you as to all matters trademark-related, such as whether a similar trademark is already in use, or your odds of attaining a federal trademark registration. Trademark rights are derived from actual use of the mark in commerce, and thus it is essential to know that your trademark is distinctive and unique before investing time and money into it.

Trademark disputes are relatively common, and we are experienced in preparing cease-and-desist letters and engaging with opposing counsel to resolve these types of issues.

Trademark Procurement

Although trademark rights are derived from using the mark, there are many legal benefits that come from federally registering a trademark as well. For instance, in litigation a federal registration establishes certain legal presumptions and can increase the potential damages that you are awarded. In addition, a federal registration can work to block subsequent users of the same or similar trademark from obtaining their own federal registration.

Just as with patents, we are able to assist you in obtaining foreign trademark rights as well.

Trademark Opposition and Cancellation Proceedings

These proceedings occur before the U.S. Patent and Trademark Office, and they arise when a first party seeks to cancel or block a second party’s federal registration for application. Although these proceedings are surprisingly common, most are dismissed in the early stages. Unlike many law firms, at The Weintraub Group we are experienced in fully briefing these proceedings to a final order.

Copyright Protection

We can advise you in securing copyright protection for any copyrightable work you may have, as well as obtain federal copyright registrations. When you are dealing with other parties in a collaborative fashion, we can advise you and prepare the proper operating agreements to ensure that you retain full copyright ownership over the work.

IP-based Contracts

We can prepare any number of contracts for you related to the field of intellectual property. For instance, we can prepare licensing agreements, non-disclosure agreements, work-for-hire and operating agreements, and so forth.

Litigation in All Areas of Intellectual Property

We are experienced in all areas of litigation relating to intellectual property, including patents, trademark, and copyright disputes. Litigation involving patents, copyrights, and federally-registered trademarks are the exclusive jurisdiction of the federal court system. We are regularly engaged in litigation before the Eastern District for the District Court of Michigan. Furthermore, we can obtain temporary, or pro hac vice, admission to federal courts throughout the country in order to advocate for you wherever is necessary.

Litigation is a strategic battle, and we will work with you to assess your particular objectives and achieve those goals.