Practice Areas

Patents

PROTECTING YOU WITH PATENTS THAT ARE DURABLE AND LONG LASTING

The difference between a good patent and a great patent lies in the details. A good patent covers your invention.  A great patent protects your invention from competition.

ZarleyConley is a full-service patent law firm that knows the difference between good and great. From drafting and prosecuting your first application to managing your complex patent portfolio, we have a skilled team of registered patent attorneys and support staff ready to help.

With more than 60 years of experience and the capacity to represent individuals as well as domestic and foreign companies in practically every area of business, we’re here to provide guidance and counsel to make the process easy for you.

Your Patent Guide

The patent process does not need to be confusing and overwhelming. We want to be your guide, and as experts in the field, our focus gives us the ability to get to know you and for you to get to know us. This type of partnership is essential for extraordinary success.

When do I need a patent?

Before you even think about applying for a patent, there are issues that can arise. Too often, without proper guidance, problems can occur that affect patent rights. The earlier you partner with a patent attorney, the better your success at protecting your idea will be.

Patent Services

  • Freedom to Operate Opinions
  • Patent Prosecution and Appeals
  • Patent Valuations
  • Design-Around Opinions
  • Infringement Opinions
  • Patent Consultation
  • Patent Drafting
  • Patent Searches
  • Portfolio Management

Frequently Asked Questions

What does a patent cost?

It depends on the complexity of the invention. Once we discuss your idea, we can provide options and an estimate that we will stick to.

What do I need to move
forward with a patent?

We need to obtain an understanding of your invention, including how it is made, how it works, and how it is different from what is currently available. Any information you have that explains your idea is appreciated.

How long does it take to get a patent?

The process can be lengthy. As of 2024, it takes about 16 months, on average, to hear from the Patent Office after your application is filed, and the average application is pending just over two years before it reaches its final disposition, which is why it’s important to start thinking about hiring a patent attorney in the early stages of development.

Trademarks

Safeguarding the things that get you noticed

A trademark is a symbol, word, slogan, or packaging that signifies you as the source of goods or services.  In fact, your brand may be your single most valuable business asset—if it is properly managed. We help clients build their business identity, grow their product or service recognition and protect their image against infringers through strong trademark protection.

ZarleyConley is proud to have helped so many build their brands through comprehensive trademark protection, including protecting marks internationally. We want to help your name become well-known and remain yours alone.

Partners in protection

To obtain the full protection of trademark law, we can help you develop your brand and apply for and secure marks in the U.S. and any other countries in which you do business. Once approved, we’ll be there to make sure your trademark is maintained so your protection lasts.

When do I need a trademark?

Trademarks work great to protect the name of your company, logo or a catchphrase. Before you even begin to build the integrity of your business on a particular mark, you should begin the process of seeking trademark advice. This ensures that your brand is free and clear of other trademarks that could cause issues down the road. If you have selected your trademark or started using the trademark, it is all the more important to secure your trademark’s protection against competitors.

Trademark Services

  • Portfolio Management
  • Trademark Consultation
  • Trademark Drafting
  • Trademark Searches
  • Trademark Prosecution and Appeals

Frequently Asked Questions

When can I file for a trademark?

You can file for a trademark even before you start using the trademark you want to protect, but to avoid additional costs, you can wait until you start using it to sell products or services.

What does the ® or circle R mean?

The ® or circle R means that you have a trademark that has been federally registered and is protected throughout the United States instead of just the areas where you currently sell your product or service.

Will my trademark apply to everything?

Trademark protection only applies to the goods or services you use your trademark for. For instance, if you only use your mark to sell shirts, you cannot prevent someone from selling insurance using the same mark.

What is the difference between a word mark and a stylized mark?

A word mark protects your trademark regardless of how the mark is presented. A stylized mark only protects the particular design used, meaning that the same phrase printed in a different style, size, color or font other than the stylized mark would not be protected.

Copyrights

When you put pen to paper, we'll have you covered

The exclusive legal right to publish, perform, film or record literary, artistic or musical material.

A lot of effort goes into your creative works, and that effort deserves the highest degree of protection. All original works of art or authorship can be protected by a copyright. We have obtained hundreds and can make sure your creation is protected internationally if desired. If you created it, we can help you protect it.

Making sure it’s right

While copyright arises automatically the minute your original work is fixed in a tangible medium, this is only the beginning.  We know how to obtain the strongest copyrights because we’ve done it before and we can build the best case for your copyright to be accepted and registered.

Copyright Services

  • Portfolio Management
  • Copyright Valuations

When do I need a copyright?

If you’ve created an original piece of art like a painting, novel, song or play, it is good practice to get it registered.  The sooner you do, the easier it is to enforce your rights. Copyrights do not protect intellectual property like your brand name or slogans. Trademarks are the proper tool and we can help you with that too.

Frequently Asked Questions

Do I need to register my work for copyright protection?

Copyright protection is automatic, but you do not get all the protections under the copyright laws until you obtain Federal Registration.

What is a Work Made for Hire?

Certain types of work remain the property of their creator unless there is a specific contract clause in place before the work starts that indicates that the work is being made for another person and that the creator understands that the work isn’t theirs.

Trade Secrets

Keeping hidden what makes you unique

Your specific way of conducting business can provide a competitive advantage. In fact, a company’s trade secrets can be its most valuable intellectual property.  Unlike other forms of intellectual property, trade secrets are not registered, so protection is obtained largely through sound policies and procedures.  You need a partner to establish and maintain the things that set you apart from your competitors.

ZarleyConley can be that partner, providing expert counseling and the necessary measures to keep your proprietary information secure, including nondisclosure agreements, employee or corporate policies and noncompete agreements.

The Benefits of Trade Secrets

Instead of obtaining patent protection, it may be advisable to maintain your competitive edge by protecting your trade secrets. Trade secrets are flexible because they can be anything confidential having proprietary value—even something that would not be protected through other means.

The requirements of a trade secret are relatively simple and straightforward. We can help you maintain the trade secrets that keep your business competitive.

Trade Secret Services

  • Maintenance Plan Review
  • Nondisclosure Agreements
  • Trade Secret Evaluation
  • Trade Secret Valuation
  • Noncompete Agreements
  • Trade Secret Maintenance Plans

When Do I Need Trade Secret Protection?

If your business has information that is not generally known in your industry that is valuable to your company, it’s a trade secret and you should take steps to protect it—and quickly. It is possible you have numerous valuable trade secrets that you are not aware of.  A plan and strategy from the beginning will help you keep your secret a secret. We can help.

Frequently Asked Questions

What can be considered a trade secret?

Generally speaking, just about anything, as long as it is confidential and gives you a competitive edge.

How do you get a trade secret?

The key to trade secrets is not obtaining them, it is maintaining them as confidential while still operating your business and entrepreneurial endeavors. This requires a good plan early on, because once a secret is out, it’s out.

Licensing

Discovering common ground to find the best arrangement

A license is permission to exercise a certain privilege that, without such authorization, would constitute an illegal act.

Negotiating a deal can be as valuable to your company as your intellectual property. The art of negotiation requires skill, creativity and a special understanding of intellectual property rights as well as the business strategy at play. Having a knowledgeable and experienced partner like ZarleyConley from the beginning of the process insures valuable results.

Coming to an Agreement

Having a dedicated team in your corner provides peace of mind and security. We have successfully brokered the sale and licensing of numerous patents, trademarks, copyrights and other IP rights and can do the same for you

When do I need licensing?

If you are starting a new business or expanding your current one, you might want a license agreement between the intellectual property owner and any others who are authorized to use the IP rights.

Licensing Services

  • IP Valuations
  • Transactions and Transfers
  • Risk Analysis

Frequently Asked Questions

What is the difference between an assignment and a license?

An assignment means that all the rights are being transferred, much like a sale. In contrast, a license is limited in scope and retains a portion of the rights.

What is the difference between exclusive and nonexclusive?

Much like a relationship, exclusive means that the license is only with that entity, whereas nonexclusive can be with more than one entity. In other words, a licensee may be getting the same or better deal in a nonexclusive situation.

IP Litigation

We'll be by your side to protect what’s yours

Intellectual property rights are enforceable only through litigation or the threat of it.  When confronted with litigation issues, you need a partner who can advise you and protect your interests. With expertise and a singular focus on all areas of IP litigation, including patents, trademarks, copyrights, trade secrets, unfair competition, cybersquatting and other related matters, we’ll research all options and alternatives to make sure you develop a strategic plan for the entire process.

When do I need litigation help

The best way to avoid litigation is to be proactive. Having litigated and resolved hundreds of cases, we know how to prevent problems before they occur. By partnering with us early on, we can reduce or eliminate your exposure.

However, if you feel that your intellectual property rights have been infringed or damaged,  litigation may be needed to restore what’s yours. This is also the case if you have been accused of the same. We know how to walk you through the process to obtain a satisfactory result.

IP Litigation Services

  • Negotiation
  • Mediation
  • Arbitration
  • Trial Advocacy
  • Appellate Advocacy
  • Online Enforcement

Frequently Asked Questions

What can be done to stop an infringer?

When you find that someone has been using your intellectual property, there are a number of options at your disposal, including filing a lawsuit. Knowing your options before moving forward is the most important thing.

What do I do now that I received a cease and desist order?

First, don’t panic. We can review the letter and the claims being made in the letter to see what grounds, if any, the other side has. From there, we will explore your options to diffuse the situation.

Let’s Work Together

580 Market Street, Suite 101, West Des Moines, IA 50266
515.558.0200   |   info@zarleyconley.com

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