Law Firm Overview

HESS PATENT LAW FIRM, P.C. was founded in June 2006 to engage in the practice of intellectual property law. Its founder, Robert J. Hess, brings to the firm his 20 years + of experience as a registered patent attorney. He is also admitted to practice law in the states of Connecticut (CT), New York (NY) and New Jersey (NJ). He is admitted in the District of Columbia (DC) as well, but opted for inactive status for his registration in DC.

INTELLECTUAL PROPERTY LAW

Intellectual property law covers primarily intangible property rights, usually patents, trademarks, service marks, logos, trade dress, confidential information, copyrights, trade secrets, unfair trade or business practices, database rights, technical know-how and technology development. As a property right, intellectual property may be owned or licensed.

Protection of intellectual property may help thwart knock-offs or prevent the unauthorized exploitation of the intellectual property by others. On the other hand, intellectual property rights may also help in defending against intellectual property rights of others. For instance, cross-licenses of intellectual property rights is common between many companies. Intellectual property rights may also be helpful in attracting investors to provide capital to a business planning to commercialize products or services in accordance with those intellectual property rights.

The following link to the US Patent and Trademark Office may be useful:

What Are Patents, Trademarks, Servicemarks, and Copyrights?

ETHICAL CONSIDERATIONS

The firm's policy is to abide by The Rules of Professional Conduct of Connecticut and to abide by requirements imposed on attorneys by the New York State Unified Court System that may be found at the following links:

Client's Rights

Client's Responsibilities

Letters of Engagement Rules

Attorney Grievance Committee

Attorney-Client Fee Dispute Resolution Program

In view of these professional requirements, the firm considers a written letter of engagement to be essential in establishing an attorney-client relationship where the attorney fees are expected to reach $3000. It is the firm's intention to send a written letter of engagement to all clients prior to or contemporaneous with representation of the client. Do not consider that any attorney-relationship exists with this firm unless and until you receive a written letter of engagement.

THE CONTENTS OF THIS WEBSITE SHOULD BE VIEWED AS AN ADVERTISEMENT FOR LEGAL SERVICES AND NOT AS THE RENDERING OF LEGAL ADVICE ON SPECIFIC MATTERS.

PROTECTION OF CLIENT CONFIDENCES

As stated in The Rules of Professional Conduct, a fundamental principle in the attorney-client relationship is that the lawyer maintain confidentiality of information relating to the representation. The principle of confidentiality is given effect in the law of evidence as an attorney-client privilege and in judicial and other settings where the lawyer is called as a witness or otherwise required to produce evidence concerning a client. The confidentiality rule applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever the source. A lawyer may not disclose such information except as authorized or applied by the Rules of Professional Conduct or other law.

The lawyer is, however, impliedly authorized to make disclosures about a client when appropriate in carrying out the representation, except to the extent that the client's instructions or special circumstances limit that authority. Lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specific lawyers.

ACCESS BY INDEPENDENT VENDORS TO CLIENT CONFIDENCES

It is the customary practice for law firms engaging in the practice of intellectual property law to retain the services of vendors that are independent of the firm. While such vendors are expected to keep information provided to them in confidence and over time may build a reputation of honesty and integrity, their ability to keep confidences is not under the control of HESS PATENT LAW FIRM, P.C. If such a risk is of concern, please bring such concerns to the attention of the attorney responsible. Clients may request to have vendors of the client's choosing perform required services and such a request will be honored absent unusual circumstances. Indeed, the client may direct that no vendor be retained to work on their matters.

Vendors retained by HESS PATENT LAW FIRM, P.C., may, for instance, provide drafting services for patent and trademark drawings, patent and trademark search services, photocopying and binding services, legal research services, technical consultation services and foreign patent and trademark prosecution services. Such vendors are likely to be given access to information deemed necessary for the vendors to competently complete heir assigned tasks. Such information may include that which may be considered client confidences. It is intended that vendor access be limited to the extent necessary for the retained vendor to complete the assigned tasks.

Hess Patent Law Firm, P.C. and its attorney(s) may be engaged in an of counsel capacity by other law firms or attorneys. Likewise, Hess Patent Law Firm, P.C. may engage lawyers or law firms in an of counsel capacity. It is contemplated that, from time to time, services of such of counsel lawyers or law firms may be retained that would require divulging client confidences to such of counsel to enable their carrying out of services. While Hess Patent Law Firm, P.C. will seek to obtain permission from clients before allowing such of counsel to perform services, the client has the right to refuse to allow such of counsel to perform services on their behalf. Such of counsel are not employees of HESS PATENT LAW FIRM, P.C. but rather act in a capacity as independent contractors.

CONFLICTS OF INTEREST

This Firm will not knowingly represent a client where a conflict of interest would arise from such representation. Nevertheless, sometimes conflicts of interest become known only after client representation has commenced. To the extent that the attorney believes that such a conflict of interest will not adversely affect the continued representation of the client, Hess Patent Law Firm, P.C. will seek to obtain the informed consent in writing from all the clients whose representation could be affected by conflict of interest. In the event that the potential for conflict of interest seems too likely to the attorney, the attorney will notify one or both of the clients that it can not represent due to a perceived conflict of interest. If client confidences have been revealed to the attorney that might benefit another client, Hess Patent Law Firm, P.C. may seek to withdraw from representing both clients so as to avoid even the semblance of impropriety in its representation.

Where Hess Patent Law Firm, P.C. represents multiple clients who share a common interest that is to be pursued, the intention is to make it clear in writing to the multiple clients that in the event that the interests of the multiple clients become adverse to each other, the multiple parties are to be notified that further representation will cease.

Areas of Practice

• Intellectual Property Law
• Patents
• Trademarks

Honors and Awards

• Recipient, Service Award, Young Lawyer's Division of the New Jersey State Bar, 1994

Published Works

• "U.S. Intellectual Property Law and Foreign Website Operations," Intellectual Property Litigation, intellectual Property Litigation Committee of the American Bar Association, Volume 17 No. 1, Fall, 2005
• "Accessing Patent Data on the Web", The National Law Journal, January 24, 2005
• "ORANGE BOOK UPDATE: Recent Case Law, Legislation, and Administration Initiatives Affecting Patent Listings for Pharmaceuticals", Phama Advisor, August 13, 2003

Representative Cases

• Custom Sports Apparel, Inc. v. Squires Hightech Corp., 2002 WL 24249, 2002 U.S. App. Lexis 413 (United States Court of Appeals for the Second Circuit 2002)

West Practice Categories

Intellectual Property Law, Patents, Trademarks