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Griffin Klema

Griffin Klema

Klema Law, P.L.
  • Intellectual Property, Patents, Trademarks...
  • Florida, USPTO
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Summary

Civil litigator and registered patent attorney who brings wide-ranging experience to bear on legal matters, combining scientific, technological, business, and legal knowledge in a single advisor. I pride myself in careful and effective tactical planning in litigation and negotiation. I am committed to providing creative, aggressive, professional representation. I can be reached directly at 202-713-5292 or griffin@klemalaw.com.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
  • Business Law
Additional Practice Areas
  • Litigation
  • Trial
  • Copyright
Fees
  • Free Consultation
    Up to 15 minutes free initial consultation by phone.
  • Credit Cards Accepted
  • Contingent Fees
    I accept some matters on contingency basis, depending on the nature of the case and the client's flexibility in offering equity in a business or other asset.
  • Rates, Retainers and Additional Information
    I also provide hybrid, flexible fee arrangements, all depending on your particular situation. Please contact me to discuss your matter and how we can structure compensation in exchange for my services.
Jurisdictions Admitted to Practice
Florida
USPTO
11th Circuit
Languages
  • English: Spoken, Written
  • French: Spoken, Written
Professional Experience
Shareholder
Klema Law, P.L.
- Current
Complex civil litigation, intellectual property, and business counseling.
Attorney
Hoffman & Hoffman
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Commercial litigation, probate, and business counseling.
Market Analyst
Wisconsin Alumni Research Foundation
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Protected, licensed, and enforced intellectual property (patents, biomaterials, trade secrets) developed at the University of Wisconsin, including technologies in medical devices, pharmaceuticals (small molecules, biologics, regenerative therapies), research tools, diagnostics, and medical imaging.
Education
University of Miami School of Law
J.D. (2012) | Intellectual Property, Competition Law, Litigation
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Honors: Cum Laude, Law Review, Moot Court, Dean's Fellow
Activities: Intellectual Property Law Society (Vice President),
University of Wisconsin - Madison
B.S. (2005) | Biochemistry, Finance
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Honors: Created mobile web interface for community-based security technology which earned second place in the Schoof’s Prize for Creativity, Innovation Competition, 2006 (uncredited, post-graduation).
Awards
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing.
Moot Court Board
University of Miami School of Law
Earned invitation after scoring second highest among existing members in 2L competition.
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing, assisting professors and other students with their written work product.
International and Comparative Law Review
University of Miami School of Law
Earned invitation as a result of my submission to the write-on competition.
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing, assisting professors and other students with their written work product.
Professional Associations
United States Patent & Trademark Office # 74,334
Member
- Current
JOHN T. GAUBATZ MOOT COURT COMPETITION
Judge
- Current
Activities: Judge for the University of Miami’s annual moot court competition by evaluating and providing feedback to 1L and 2L students seeking invitations to the board.
The Florida Bar # 0100279
Member
- Current
Rebuilding Together - Miami-Dade
House Captain
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Activities: Manage group of 20 volunteers during organization’s annual rebuilding day, and provide construction services as needed to repair and renovate homes of disabled, low income, and veteran homeowners.
AIPLA
Member
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AUTM
Member
-
Licensing Executives Society
Member
-
Speaking Engagements
Patent Law Year in Review, HCBA Annual IP CLE, Tampa, FL
Hillsborough County Bar Association
Gave continuing legal education seminar to Tampa area attorneys summarizing the past year's developments in patent law, including case law, rule changes, and prosecution developments before the USPTO.
Harnessing the Expertise of Your Business and Law Schools, AUTM Central Meeting, Cleveland, OH
AUTM
Business and Law Schools as Your Technology Transfer Office Workhorse, AUTM Annual Meeting, San Diego, CA
AUTM
Certifications
Registered Patent Attorney
U.S. Patent & Trademark Office
Legal Answers
140 Questions Answered

Q. I just received letter from attorney about difference on loan from 2002. What domI do foe exemption?
A: Your question is difficult to answer without more specifics. I recommend seeking out an initial consultation with a lawyer who can review the letter you received, and evaluate what the issues are with you confidentially. Many lawyers will offer you a few minutes to evaluate your legal matter for free. Good luck!
Q. Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea
A: That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some liability if you don't. Whether you have possible legal exposure (risk of being sued) for refusing to sign probably depends on your prior dealings with your partner, what information you learned from the partner, and other factual issues that a lawyer experienced in trade secret law of your state (Georgia) can help you with. You should also consider protecting your own intellectual contributions in clarifying who owns what, and who can do what with what information. Good luck!
Q. What is the best source for finding which patents a company has applied for before it has publisised it themselves?
A: Generally, you can't. In the U.S., patent applications remain secret for 18 months after they are filed. So unless the applicant voluntarily discloses it, requests early publication, and you are not an inventor or other person who has a special relationship with the applicant or inventors, then you're most likely out of luck.
Q. Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months
A: The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
Q. my name is spelled with a typo in a patent. How do I fix that?
A: If you want it changed, review the information in the MPEP: § 1481.02 - Correction of Named Inventor. https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e145099.html A petition . . . to correct the inventorship in a patent must be accompanied by all of the following: (1) A statement from . . . each person who is currently named as an inventor. Each inventor statement must either agree to the change of inventorship or state that the inventor has no disagreement in regard to the requested change. See 37 CFR 1.324(b)(1). (2) A statement is required from the assignee(s) of the parties submitting a statement under 37 CFR 1.324(b)(1) agreeing to the change of inventorship in the patent, which statement must comply with the requirements of 37 CFR 3.73(c). See 37 CFR 1.324(b)(2). See MPEP § 325 as to the requirements of a statement under 37 CFR 3.73(c). A statement is required by each entity having an ownership interest in the patent. (3) The fee set forth in 37 CFR 1.20(b). Good luck!
Q. Can a wired twist headband be patented?
A: Hard to say without more information. It doesn't sound eligible for utility protection, but it's hard to know for sure without more information. You might also be able to protect it with a design patent, but again there is too little information to say with any certainty.
Q. Is a patent possible in this circumstance
A: Kevin's answer is pretty close. To put it succinctly, unless you have discovered a new way of manufacturing the bamboo into a golf bag (e.g. a new way to join the pieces of bamboo), you probably can't get a utility patent. Regarding design, you may be able to get a patent for a bamboo golf bag, but much of that depends on how your ornamental design differs from what has come before. You may be able to protect only a small aspect of the bag, like the bottom or top, or a unique feature on the side. The cost of a design patent is also far less than utility. Expect to budget about $1,500 for the application. The product sounds cool, and good luck!
Q. I have an idea for a website and need to hire developers to create it, how do I protect my idea from them stealing it?
A: You need to have them sign a contract that includes several provisions: non-disclosure, non-circumvention, non-compete. This is often referred to as an NDA. However, be VERY careful about using documents you find online--they often have poorly drafted, incomplete, or outdated language that won't provide the protection you need. Once they sign a proper NDA, then you have to identify what information is confidential by stamping the word CONFIDENTIAL on the documents/emails/etc., and also orally tell the people you're discussing the project with that it is confidential and subject to the NDA. You also want to ensure who are the proper persons or businesses (parties) to sign the NDA so that you can enforce it properly if you need to. If you're talking to people overseas, things get even more complicated. I regularly provide these kinds of documents to my clients, and would be pleased to discuss this matter further with you. 202-713-5292.
Q. Patent number: D823477
A: Short answer: A license. Contact the patent owner to find out if they're interested in either licensing the patent to you, selling it to you, or you can become a distributor or retailer if they already have the product available. Good luck!
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Main Office
420 W. Kennedy Boulevard
Commerce Club, Second Floor
Tampa, FL 33606
USA
Cell: (202) 713-5292
Mailing Address
PO Box 172381
Tampa, FL 33672
USA
Cell: (202) 713-5292