Bernard Samuel Klosowski

Bernard Samuel Klosowski

Ben Klosowski, Esq., Registered U.S. Patent Attorney
  • Patents, Trademarks, Intellectual Property ...
  • Florida, Maryland, South Carolina, USPTO
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Summary

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

Practice Areas
  • Patents
  • Trademarks
  • Intellectual Property
  • Business Law
  • Entertainment & Sports Law
  • Communications & Internet Law
Additional Practice Areas
  • Computer Technology-Software
  • Copyrights
  • Copyright
  • Trade Secrets
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    I am willing to discuss alternative fee arrangements.
Jurisdictions Admitted to Practice
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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Languages
  • French: Written
  • German: Written
Professional Experience
Law Firm Partner
- Current
Education
University of Baltimore School of Law
J.D. (1998) | Law
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Honors: cum laude
University of Baltimore School of Law Logo
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
United States Naval Academy Logo
Professional Associations
South Carolina State Bar  # 69287
Member
- Current
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Publications
Articles & Publications
IPlog
Self
Speaking Engagements
Numerous Speaking Engagements
Certifications
Registered United States Patent attorney
U.S. Patent and Trademark Office
Legal Answers
24 Questions Answered

Q. What is the difference between inventor and assignee in terms of rights with a patent
A: Ownership. The inventor is the original "owner" of the patent application/patent unless or until the inventor "assigns" (sells, gives, etc.) his or her rights in the patent to an assignee. Except for some unusual situations, the inventor listed on a patent never changes, but assignees can and often do. A common scenario involves an employee of a company in which the employee is the inventor on a patent application. But as a condition of employment, the employee-inventor assigns the patent application to the company-assignee. There are other less common situations in which an inventor might assign only part of his/her rights to an assignee, perhaps to raise money. Still further, in the case of co-inventors, each inventor is a 100% owner of the patent application and each can do with it what he/she wishes, so a situation could arise where one of the original inventors remains an owner of the patent and the other co-inventor assigns her rights to an assignee.
Q. Discovery Issues
A: Maybe, if the information reasonably related to the claims or defenses in the case. Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37. (State courts follow similar rules in state cases.) A cornerstone of discovery is FRCP Rule 26(b)(1), which states in part, "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case...." Despite the seemingly broad nature of Rule 26(b)(1), discovery requests - particularly those that are vaguely drafted or ones that don't track with the claims/defenses - are often met with objections like "irrelevant... harassing... duplicitous... etc." While federal courts in recent years have taken a dim view of gamesmanship regarding discovery, overcoming objections to get truly relevant information may indeed require a Motion to Compel and the court's involvement. But whether names etc. of former employees is relevant to the claims/defenses in the case (and whether that information would even be in the possession or control of the company), and should have been provided with Rule 26(a)(1) Initial Disclosures, and should now be compelled are just some of the many issues/tactics/strategies that should be discussed with an experienced litigator. Discovery and federal litigation as a whole can be very complicated, and critical omissions and errors - particularly at the outset - can have detrimental effects on the case, possibly resulting in sanctions, case or count dismissals, adverse rulings, loss of rights, etc. An experienced litigator will know whether the benefit of asking the court for discovery relief outweighs the value of the information to be discovered, and can also provide valuable advice to make other vital decisions, help with motion practice, etc.
Q. I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something
A: There appear to be some federal registrations and pending applications for the same or similar mark that you have in mind. Among other things, your goods or services are one factor that a trademark attorney can discuss with you to help determine if your mark is "registerable," and even if it is, whether there may be issues with someone else's earlier use of the same or similar mark even if it's for different goods or services.
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Contact & Map
Main Office - Thrive IP® - by appointment only
220 N. Main Street
Suite 500
Greenville, SC 29601
Telephone: (864) 351-2468
Fax: (866) 747-2595
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM (Today)
Saturday: Closed
Sunday: Closed
Notice: If we are unable to take your call immediately, please leave a message and we will return your call as promptly as possible.
Low Country Office
5401 Netherby Lane
Suite 1201
North Charleston, SC 29420
Telephone: (843) 580-9057
Fax: (866) 747-2595