Intellectual Property

MosterWynne provides comprehensive intellectual property services. The Firm counsels clients in various sectors including retail, food products, and technology on a wide range of issues relating to the protection and/or prosecution of intellectual property rights. Our attorneys have practiced before the United States Patent and Trademark Office on issues ranging from Trademark disputes to Patent prosecution.

  • Trademark Services: The Firm provides comprehensive services in a variety of areas including, selection of trademarks, assessment of the risks with respect to the use of a mark, searches, and the filing of pleadings before the U.S. Patent and Trademark Office.

  • Patents: The Firm is equipped to handle the full spectrum of patent issues including patent prosecution, the formulation of Intellectual Property strategies, searches, patentability and infringement opinions, civil litigation, and the drafting of NDA's and disclosure material.

  • Copyrights: The Firm provides counsel with respect to the protection of computer-related works, literary, music composition, and other intellectual works.

Our IP General Counsel Approach

Although it is important to highlight our capabilities as IP attorneys detailed above, the General Counsel model requires that an interdisciplinary, business-oriented approach be employed. Unlike a more traditional law firm environment, a "General Counsel Office" is very different in its mode of operation. Critical to this model is the fact that the General Counsel is typically a high level officer of the company. As such, the legal advice by definition must be grounded in business reality.

As outsourced General Counsel, MosterWynne emulates this duality of business reality/legal advice which is the cornerstone of most large corporate GC offices. We have developed proprietary systems which allow us to gather and synthesize information rapidly about our client's intellectual property, business objective, and strategies to bring the IP to market. The MosterWynne IP MastermindSM features these key components:

  • Define the "IP Trajectory": Our job is to understand the business objective underlying the IP, define the strategies to effectuate the objective(s) and implement rapidly. We call that "IP Trajectory". Our IP MastermindSM employs a system which allows us to gather information rapidly, interact with the client at a very sophisticated level from inception, and formulate/effectuate the attendant strategies.

  • Protect the IP: What is the nature of the client's IP? Has it been adequately protected from loss? Has the IP already been compromised in the negotiation process and meetings with investors? If not, what are the strategies that can be rapidly implemented to perfect those IP rights, increase leverage in negotiations, and valuation of the asset?

  • Scale the Approach: Not every solution requires a complex solution. Our job is to suggest a strategy that is tailored to achieve the desired goal as efficiently and cost-effectively as possible.

  • Growth Litmus Test: We believe that every legal recommendation must be tested to determine its effect on business growth and profitability. This calculus is essential in the client's decision making process. What is the cost/benefit of the recommended strategy? How can a client choose a course of action without understanding the estimated legal costs involved and the impact of that action on revenue projections and growth? In our view, there cannot be a disconnect between business and legal issues. They are inherently both sides of the same business coin.