Patent Law

In today’s innovation‑driven economy, patents are more than legal protections—they are strategic business assets. Rapid technological advancement, global competition, evolving patent laws and rules, and heightened enforcement activity require counsel that understands both the technology/science and patent/IP legal implications behind an invention, as well as the commercial realities that determine its value.

At Smith Gambrell & Russell, we help companies, inventors, and research institutions protect, manage, commercialize, enforce, and leverage their innovations. Our Patent team combines deep technical and scientific knowledge with legal and business insight to secure durable intellectual property rights that support growth, investment, and competitive advantage.

Patent Procurement and Prosecution

SGR’s patent procurement and prosecution team combines deep scientific and technical expertise with full-service IP capabilities, including patent drafting and prosecution, opinions, freedom-to-operate, patentability, inventorship, due diligence, licensing, litigation support, and post-grant proceedings.

• Biotechnology / Pharmaceutical / Medical Devices: SGR’s attorneys work across multidisciplinary life science fields, securing patents for innovations such as pharmaceuticals, vaccines, gene therapy, biomolecule detection methods, medical devices, bioengineering, bioinformatics, and personalized medicine.
• Chemistry / Chemical Arts: The team supports a wide range of chemical innovations, helping clients protect developments in areas like nanoparticles, materials science, small molecule chemistry, and advanced manufacturing processes.
• Electronics / Computer / Software: With expertise in computer science and electrical engineering, SGR prosecutes patents for technologies including AI, software systems, computer hardware, communications technology, networking, semiconductors, and digital signal processing.
• Mechanical Engineering: SGR’s mechanical practice covers complex systems and equipment, including aeronautics, vehicle systems, manufacturing technologies, and medical devices.

Our Capabilities

We advise clients across a broad range of industries, from emerging technology companies to established manufacturers and research institutions. Our attorneys include patent practitioners with advanced scientific and technical backgrounds, allowing us to communicate fluently with inventors while translating innovation into enforceable legal rights. 

Several of our patent attorneys formerly worked as Patent Examiners at the US Patent and Trademark Office (USPTO), so we have deep insights into the operation and procedures of this administrative agency.  In addition to our large roster of US registered patent practitioners, our patent team also includes an experienced patent attorney who is a UK solicitor, allowing us to file and prosecute patent applications directly with the European Patent Office (EPO).  This capability allows us a seamless ability to handle patent filings in both the US and Europe, without the need to use a separate European patent firm.  Our patent team also includes former in-house patent counsel, who have first-hand knowledge and experience managing in-house patent activities and strategies.

Our practice encompasses the full lifecycle of patent assets, including:

• Patent strategy development and portfolio management
• Patentability, freedom‑to‑operate, and clearance analyses
• U.S. and international patent prosecution
• Patent filings, continuations, and appeals before the USPTO
• Post-grant patent proceedings at the USPTO, and oppositions at the European Patent Office
• Coordination of global patent portfolios across key jurisdictions
• Licensing, technology transfer, and commercialization support

We tailor patent strategies to align with each client’s business objectives—whether securing foundational protection for breakthrough technology, building portfolio depth to attract investment, or supporting long‑term defensive positioning.

Our Approach

Effective patent protection begins long before a patent application is filed. We work collaboratively with inventors, engineers, executives, and in‑house counsel to understand the underlying technology, the competitive landscape, and the company’s commercialization plans.

Our team focuses on drafting clear, strategically-scoped patents that stand up to scrutiny and retain value over time. By anticipating examination challenges and future enforcement considerations, we help clients avoid common pitfalls and maximize the strength and flexibility of their portfolios.

We also draw seamlessly on the firm’s broader intellectual property, litigation, corporate, and transactional capabilities—ensuring that patent strategy is fully integrated with financing, M&A, licensing, and risk management objectives.

From Innovation to Impact

Patents rarely exist in isolation. They influence valuation, shape transactions, and can define market position for decades. Whether clients are developing new products, entering strategic partnerships, or navigating competitive threats, we provide guidance that connects patent law to real‑world business outcomes.

Our goal is not simply to obtain patents, but to help clients build and maintain intellectual property portfolios that support innovation, growth, and long‑term success in increasingly competitive and global markets, while mitigating risk from third-party patents and other IP.