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Bernard Samuel Klosowski
Law Firm Partner
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Claimed Lawyer ProfileQ&AResponsive Law
Biography
U.S. Naval Academy graduate; Commander, U.S. Navy; U.S. Patent Attorney: Electro-mechanical * Electrical * Software/Computers * Artificial Intelligence/Machine Learning * Automotive * Energy Systems * Medical Devices * Optics * other Intellectual Property and Related Business Issues and Litigation
Education
- University of Baltimore School of Law
- J.D. (1998) | Law
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- Honors: cum laude
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- Naval War College
- other (1993) | Strategy & Tactices, Executive Decisionmaking
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- Attended Annapolis, MD satellite site
- Honors: 1993 Outstanding Student Nominee
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- United States Naval Academy
- B.S. (1986) | general engineering
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- Commissioned as an officer in the U.S. Navy on May 21, 1986 and ordered to flight training.
- Honors: Commandant's List
- Activities: Color Guard, Bicycle Club
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Professional Experience
- Law Firm Partner
- - Current
Publications
Articles & Publications
- IPlog
- Self
Speaking Engagements
- AIPF 2018 Annual Meeting, Chicago, IL
- Association of Intellectual Property Firms (AIPF)
- Moderator/Speaker: Taking the Long View on Patents- A Roundtable Perspective On Navigating Patent Protection
- Numerous Speaking Engagements
Certifications
- Registered United States Patent attorney
- U.S. Patent and Trademark Office
Professional Associations
- ASSOCIATION OF INTELLECTUAL PROPERTY FIRMS (AIPF)
- Member
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- South Carolina State Bar  # 69287
- Member
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- Carolina Patent Trademark Copyright Law Association
- Member
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- American Intellectual Property Law Association
- Member of various AIPLA practice groups
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- District of Columbia Bar
- Member
- - Current
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Jurisdictions Admitted to Practice
- District of Columbia
- District of Columbia Bar
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- Florida
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- Maryland
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- South Carolina
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- USPTO
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- 4th Circuit
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- Federal Circuit
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Fees
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Free Consultation
I am happy to speak with a potential client about a legal question generally, usually 15-20 minutes. But a signed engagement letter and retainer is necessary to establish an attorney-client relationship in order to discuss specific facts and provide advice. -
Credit Cards Accepted
We encourage use of our Law Pay link to submit credit/debit card information. We do not store personal credit/debit card data, so your information is confidential and secure. -
Rates, Retainers and Additional Information
I am willing to discuss alternative fee arrangements.
Practice Areas
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
- Intellectual Property
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Entertainment & Sports Law
- Communications & Internet Law
- Internet Law, Media & Advertising, Telecommunications Law
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Additional Practice Areas
- Computer Technology-Software
- Copyrights
- Copyright
- Trade Secrets
- Franchise issues; written legal opinions in all practice areas; IPR/PGR proceedi
Languages
- French: Written
- German: Written
Legal Answers
- Q. When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?
- A: Not to speak with an IP attorney, and for at least the reasons stated below, most attorneys won't sign a "confidentiality agreement" with a prospective client as it's unnecessary and not required and would be highly unusual. IP attorneys, like all attorneys, are obligated under professional rules of responsibility and ethics rules to maintain confidentiality, even regarding an initial consultation. See, e.g., South Carolina Rules of Professional Conduct, Rule 1.18(b) ("Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation...."). The confidentiality rule applies to all matters communicated in confidence by the prospective client. In other words, there is no need to have a written "confidentiality agreement" to speak with an attorney because attorneys are officers of the court, and as such, have a much different status with very unique legal responsibilities and obligations as compared to potential investors, potential business partners, manufacturers, etc. (for discussions with those groups, the best protection is having a patent application on file and a confidentiality agreement wouldn't hurt, too). As an aside, to disclose client information, the client or even prospective client must give his/her "informed consent" for the attorney to disclose information provided in confidence - an attorney cannot unilaterally break confidentiality (there are some exceptions if the client is about to commit a criminal act or if it is prevent certain death or bodily harm). Moreover, 99.9% of attorneys take their oath as officers of the court quite seriously, and for the few miscreants who might not, they usually end up disbarred. So, even if there is a "bad apple" out there who doesn't take his oath, roles, and the rules seriously, practically speaking, he isn't likely to risk his law license breaking client confidentiality. All of this being said, I like to have a preliminary consultation by phone to answer hypothetical questions about the broad nature of the invention and the patent process in general. Then I prefer when possible that a potential client go ahead and engage me as his attorney before our first substantive consultation, even if the engagement letter simply says "engaged for preliminary discussions." That way, we can speak freely about not only invention details but potentially related issues like prior art, licensing, inventorship, perhaps sour business deals related to the invention, possible experimental uses, trademarks, etc. etc. (because an attorney can't/shouldn't/won't provide legal advice to a non-client about specific facts/details). This approach usually saves everyone's time and even if the "client" decides after that first substantive meeting to not use my services, we at least were able to have a fruitful discussion that isn't stilted by me having to interject every few minutes to say something like, "You haven't retained me as your attorney yet so I can't answer that specific question as it involves legal advice, but hypothetically...." Lastly, although a prototype isn't needed for a patent application nor is a patentability search required under the law, both can be helpful to the patent attorney when drafting the patent application. However, because Obama changed the U.S. patent system to a "first inventor to file" system, time is no longer on the side of U.S. inventors. It's best to file as soon as possible to "win the race to the Patent Office." Delay is dangerous.
- Q. What sort of IP is need for a project that involves a combination medical device with drug delivery?
- A: In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and drug is patentable should be discussed with a patent attorney. If it's not patentable, perhaps some of its "secret sauce" can be protected as a trade secret. If there are marketing materials or user manuals, those might be subject to copyright protections. In the longer term, a trademark for the commercial product might be considered if the inventor also intends on making and selling or licensing the patent pending device.
- Q. Is Patent number: 4728812 still in effect. as of 01/29/2021 ?
- A: No, a "4 million series" patent would be from the 1980s and probably expired years ago. Setting aside continuation applications and other theoretical considerations, U.S. Pat. No. 4728812 likely expired in the early to mid 2000's, assuming that its "maintenance fees" were paid (if not, the patent would not even have lasted its full term and would have expired in the early 1990s). U.S. patents last 20 years from their filing dates (or from the earliest filing date upon which a patent application makes a claim of priority), which generally amounts to about 17 years of patent life after issuance. However, patents filed before June 8, 1995 lasted the longer of 20 years from filing (with priority claims considered) or 17 years from the date of issuance. Notwithstanding the foregoing rules of thumb, it wouldn't be wise to assume that a patent is expired based only on its number. Before practicing the claims of someone else's patent without a license, it would be prudent to have a patent attorney formally check the USPTO records.
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