Unitalen provides a full range of worldwide services in the patent area, including patent prosecution, counseling, licensing, contracts, acquisitions, technology transfers, portfolio defense in connection with financial transactions, pre-litigation counseling, Chinese and international litigation, and international opposition proceedings. Unitalen has attorneys and patent agents with advanced degrees, in a variety of technical areas.

Unitalen patent group includes more than 180 attorneys, and the practice represents both nation and international companies ranging from start-ups to Fortune 500 corporations, in matters involving intellectual property rights and preparation and prosecution of patent applications before the Chinese Patent Office and foreign patent offices. The firm has experience preparing and prosecuting patent applications in a wide variety of diverse technologies ranging from computer hardware and software, semiconductors, integrated circuits, telecommunications, electronics, electromechanical, to biotechnology, pharmaceuticals, chemistry and plant genetics. We are counsel records for more than 8,000 patent applications annually. Although many of our clients provide us with prepared applications, our lawyers are skilled at drafting an application from limited disclosure materials, and this is where our work on most application begins. A final version is prepared and forwarded with formal papers for execution. Patent applications are read and interpreted not only by Patent Office Examiners, but also - should litigation arise - by judges. We use our experience as litigators to draft patent applications with both audiences in mind. Furthermore, we are able to litigate more effectively because we are experienced in drafting patent applications.

The group has extensive experience drafting new Chinese and PCT (Patent Cooperation Treaty) patent applications and performing the follow-up prosecution work including preparing amendments and, if necessary, preparing appeals to the Chinese Reexamination Board. The group has also successfully prosecuted reexaminations, protests, and invalidation. The group has a foreign patent prosecution practice, where we prosecute foreign applications for our clients through a network of international foreign associates.

We also counsel clients on patent licensing, assignments and related issues, including drafting and negotiating confidentiality agreements. We conduct novelty, validity, and patent assessment searches; avoidance analyses; invalidity and infringement investigations and analyses which ensure the continuous legal vitality of a client’s innovation; provide maintenance assistance for issued patents; prepare and assist with reexamination proceedings, and provide extensive litigation support.

Many of our attorneys hold advanced technical degrees and have acquired industrial experience in fields of specialty with major corporations. These attorneys are technically trained in a variety of scientific disciplines and technical areas. Our attorneys have expertise in emerging and cutting edge technologies such as genetic engineering, microelectronics, computer hardware and software, and Internet and business methods patents. We also have expertise in traditional areas of mechanical, chemical, electronic and biotechnological patents. Your case is always being handled by an attorney educated in, and by practice familiar with, the art to which it pertains. The firm also includes numerous attorneys and agents with valuable experience as former administrative patent judges and Chinese Patent Office examiners, petitions specialists and government international representatives.

Our attorneys are often engaged in rendering infringement and validity opinions with respect to patents and products of competitors of our clients. We measure the risk of exposure of the products or services of our clients to infringement of patents owned by competitors and, conversely, determine whether there is infringement of patents obtained for our clients by the products of services of competitors. The group can also assist its clients to design around competitors’ patents so that our clients can offer non-infringing products. Attorneys of the group are often involved in licensing patent rights and establishing licensing programs that provide clients with profitable royalty income. In addition, members of the group have experience in establishing, analyzing and optimizing intellectual property portfolios and programs. The goal of such client counseling is to avoid conflicts in the marketplace in a manner that is fair and cost effective, as well as to maximize the clients’ profits.

Our attorneys have extensive experience representing patentees and defending against patent infringement claims in patent litigation cases. They are familiar with foreign patent and patent-related dispute resolution mechanisms in several foreign countries, including the United States and Japan. In each case, we focus on explaining complex technical issues, and on presenting our client ’s story to the judge in the most compelling way possible. Realizing that judges do not always have the technical background to understand many of these products, we serve our advocacy role in part by translating the patent product, including both the technical and legal issues associated with it, into terms that can be understood by layperson. We have relationships with experts who can assist in evaluating the technical aspects of the patent claims as well as the viability of applicable defenses.

We have experience helping clients exploit their domestic and international patent rights, including negotiating and developing technology transfer arrangements, such as joint venture and license agreements.

Our computerized docketing system tracks maintenance obligations in more than 200 countries. Patent paralegals and a patent docketing clerk to manage the details of our active patent prosecution practice. Our docketing system ensures timely responses to outstanding communications from the Chinese Patent Office and from foreign patent offices, as well as timely notification to the client of foreign filing deadlines, and issue fee payment dates and patent annuities.

We also advise on the strategies aspects of patent prosecution, helping our clients on an appropriate and cost-effective patent portfolio.

Unitalen has a significant practice in all areas of trademarks, including domestic and foreign trademark prosecution, trademark clearance and other counseling issues, licensing and enforcement of trademark, domain name rights, and litigation. More than 1,000 clients rely upon Unitalen to handle their trademark prosecution matters before the Chinese Trademark Office and abroad. These matters range from basic applications to complex issues such as registration of single color marks and appeals to the Chinese Trademark Review and Adjudication Board following an examining attorney's refusal to register a mark. With filing over 15,000 new trademark registrations annually, Unitalen ranks the first place among China's hundreds of agencies. Through our foreign associates in more than 100 countries, we are able to provide our clients with efficient and expedient global trademark protection.

Unitalen has significant experience in counseling clients in the traditional copyright industries, as well as others that are faced with copyright issues due to the emergence of copyright as a primary form of protection for computer software, and the development of new media such as the internet and online services. We start by advising our clients on what types of works may be copyrighted, and how they can acquire copyright protection in particular works. We provide advice regarding provisions of the Chinese Copyright Act, and advise clients on structuring transactions, such as work-for-hire agreements, so that copyright ownership will vest in the desired party.

Unitalen recognizes that strategic licensing is a key component to any client's successful exploitation and protection of its intellectual property portfolio. The firm is extensively involved in the worldwide licensing of technology and know-how. Firm's lawyers have drafted, negotiated, and reviewed patent, know-how, trademark, and copyright licensing agreements to ensure compliance with the special restrictions applicable in China and else where. The firm has represented clients in negotiations regarding alleged violations of license agreements, in seeking amicable resolutions, or where necessary, in litigation or arbitration.

Such work may range from analyzing patents (and relating technology and know-how) to assess validity, scope of protection and likelihood of infringement, reviewing applicable domestic and international intellectual property, product liability, employment and other laws and regulations that could bear upon the performance of enforcement of a license agreement, negotiating patent and technology license and transfer agreements, licensing well-known trademarks for use in new industries to preparing copyright software licenses concerning the exploitation of new computer software. Since the primary product of many business enterprises in the knowledge in the minds of their key employees, we provide clients with prompt, aggressive and efficient legal action surrounding trade secret, non-disclosure, confidentiality, non-compete, employment and independent contractor agreements and similar restrictive covenants, typically by obtaining preliminary and permanent injunctions. In addition, we have also pursued trademark and patent infringement claims to prevent a former licensee from continuing to utilize intellectual property rights after the termination of the licensing agreements.

In addition to license negotiation and drafting, our attorneys regularly counsel clients on licensing and assertion strategies, and strategic product development and distribution. Unitalen counsels clients on advertising and marketing associated with their products and services. We review marketing materials and packaging for compliance with national laws and regulations, advise and counsel clients regarding advertising claims substantiation, and challenge and defend advertising before administrative agencies. We have rendered comprehensive legal services in connection with merchandising and commercial tie-in arrangements for major entertainment and commercial properties.

We also handle necessary government filings attendant to the transfer of an interest in trademarks and copyrights, including the transfer of title and the perfection of security interests. We have also represented clients in connection with transfers of specific assets; these representations have included some of the largest film libraries and music catalogues in the world.

From its inception, our firm has been involved in complex Chinese and international intellectual property litigation cases. Unitalen has developed winning strategies for successfully litigating intellectual property cases. Our litigation practice ranges from patent litigation concerning the fundamental technology to counseling and litigation involving trade disparagement and libel issues about Internet advertising and domain name selection and challenges.

Our litigation practice area is distinguished its depth and diversity. Our attorneys have extensive experience nationwide and overseas prosecuting and defending patent, trademark, copyright, unfair competition and trade secret matters before courts, arbitration panels and alternative dispute resolution forums. We understand how important it is to explain complex technical issues to judges in ways they can understand, so we use in-house and outside designers to help us get our clients' ideas across in trial graphics and demonstrations. Our litigation practice provides clients with a team of specialized patent attorneys and seasoned litigators to deliver the expertise necessary to understand both legal and technical issues. The firm and clients have found this staffing approach to be very effective and successful in patent litigation and, of course, it has also proven to be more cost efficient.

The protection of intellectual property may require immediate and decisive action. We have successfully stopped infringers by getting temporary restraining orders and preliminary injunctions.

We represent large, medium and small companies, as well as individual entrepreneurs. Our clients include retailers, manufacturers, advertisers, financial institutions, computer software developers and other high tech companies. This diverse clientele draws us into virtually every type of intellectual property issues, from traditional infringement actions to claims involving the telecommunications and information technologies practice.

We have also have experience in assisting clients to redesign a product to avoid infringement or to obtain a favorable settlement. We have substantial experience in alternative dispute resolution and whenever it is in the clients' best interest we endeavor to avoid litigation. We have been successful in satisfactorily resolving matters outside the court system.

When litigation is needed or contemplated, Unitalen has the requisite experience, expertise, and resources to be highly effective advocates for your cases.

Arbitration is a process by which parties, in the midst of a dispute, defer the decision making function to a person or panel with some expertise in the nature of the dispute. It is an alternative to courts and enjoys the benefits of speed, lower cost, privacy, and the ability to choose a decision maker with some experience in the subject matter at issue. Arbitration decisions may be enforced by the courts in China. Examples of disputes that are often arbitrated include contract actions, real estate matters, employment issues and divorces.

Unitalen Attorneys at Law routinely engages in arbitration, mediation and other forms of alternative dispute resolution to minimize the cost of litigation. We have several attorneys who frequently litigate cases before arbitrators. These attorneys understand the arbitration process, its practicalities, procedures, forums and methods of enforcement. They are trained and experienced in offering special knowledge in their particular practice area, such as business, real estate, employee and employer relations and family law. 

Unitalen provides services in our unfair competition cause practice area regarding trade secrets, trade dress infringement, deceptive advertising, unethical business practices and other issues arising in conjunction with infringement or misappropriation of intellectual property.

Our litigation attorneys act as both counselors and advocates to provide advice and representation before all level of courts and administrative agencies in China on the full range of unfair competition issues. Our unfair competition practice includes representation of clients in disputes with other market participants, including matters involving anticompetitive or predatory market practices, false advertising, and unfair or deceptive trade practices. In addition, we regularly assist clients in developing policies and procedures to protect them from the unlawful conduct of their business rivals and from disparagement, defamation, invasion of privacy, plagiarism, deceptive trade practices, fraud, unauthorized use or misrepresentation and other related conduct. We also practice law relating to the creation and enforcement of non-competition and non-disclosure agreements and draft employment and other agreements containing covenants not to compete.