Patenting in the United States has recently exploded, with the USPTO recently reporting 350,000 patent applications being filed annually, and rising. It is estimated by the USPTO that about two thirds of all patent applications are ultimately granted as patents. National and International Intellectual Property (IP) firms now list IP assets such as patents for auctioning. Trade shows directed solely to IP now exist. Licensing activity continues its prominent role in the field. Patent infringement lawsuits are frequently resulting in million, tens of millions, or even hundreds of millions in damages. The increase in patent related activity has led to the several proposals for federal legislation to alter the patent landscape in the United States, but such proposed reform has neither deterred patenting nor decreased the potential value of patents in the United States. Patenting in the areas of mechanical inventions, electrical and electronic inventions, chemical, biotech and pharmaceutical inventions continues unabated. Traditional process patents such as those for manufacturing processes also continue to be as relevant as ever, with business method and internet related patents rapidly ascending in the field, vying for the title of most prominent in today's business landscape. Even Universities have joined the fray, seeking and obtaining record levels of license fees in connection with third-party use of the technology that they create.

Smith & Garg’s intellectual property practice helps our clients determine what of their technology should be patentable, and help secure its protection. Our intellectual property department helps our clients determine whether their technology infringes the patent of another, if and when such an accusation is made, or whether an asserted patent is valid. We help our clients secure better protection for their product and service names, software and other works of authorship, artistic works, sculptures, audio recordings and music, so that the maximum leverage of the law is on their side when there is infringement. We fight for our clients in Federal Court, enforcing their intellectual property or defending against the infringement claims of others.