Rachel A. Smith

Electrical/Software Patent Prosecution & Open Source Software Compliance

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Rachel is a registered patent attorney and  focuses primarily on domestic and foreign patent prosecution in the electrical arts. Rachel consults clients from Fortune 500 companies to start-ups. She enjoys working closely with clients to counsel them on how to best protect their intellectual property...

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Rachel is a registered patent attorney and  focuses primarily on domestic and foreign patent prosecution in the electrical arts. Rachel consults clients from Fortune 500 companies to start-ups. She enjoys working closely with clients to counsel them on how to best protect their intellectual property based on their specific business goals.

Rachel has a deep understanding of various technologies in mechanical and electrical arts.  In particular, she has extensive experience prosecuting patent applications in consumer electronics, automotive, medical device, and network technologies. Her practice further includes drafting patentability, infringement, validity and freedom to operate opinions.

Rachel’s practice also includes consulting clients on open source software license agreements. She works with clients to understand complex software licenses and copyright matters. Rachel has worked with the firm’s open source team to perform software audits on complex systems and has advised clients on software license obligations while assisting in compliance solutions.

Rachel received a Juris Doctor from Wayne State University Law School and a Bachelor of Science degree in Electrical Engineering from Ohio Northern University. During law school Rachel was a member and officer of the Wayne State Intellectual Property Student Association (WIPSA) and earned the Silver Key Award for academic achievement. At Ohio Northern University she was active in several student groups holding numerous leadership positions. Rachel served as president of both the student chapter of the Institute of Electrical and Electronics Engineers (IEEE) and her social sorority. Prior to attending law school, Rachel gained electronics hardware and software experience while working as an intern at an avionics safety company in Columbus, OH.

Rachel loves a good Disney Cruise (she's a Gold level member) and can be found on her Peloton bike.

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Education

J.D., Wayne State University

B.S., Electrical Engineering, Ohio Northern University

American Intellectual Property Law Association (AIPLA) Women in IP Law Committee

Michigan Intellectual Property Law Association, Second Vice President

Intellectual Property Owners (IPO) Association – Open Source Committee

State Bar of Michigan

United States Patent and Trademark Office

American Bar Association

Michigan Intellectual Property Law Association, Secretary

Oakland County Bar Association

Women’s Bar Association of Oakland County

INForum

Michigan Science Center STEMinista Role Model

Oakland County Executive’s Elite 40 Under 40, 2016 Class

“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2015

“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2016-2018

“Top Lawyer,” DBusiness Magazine, 2017

  • Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
    Monday, September 10, 2018

    SOUTHFIELD, Mich. –Brooks Kushman is pleased to announce that twenty of the firm’s attorneys have been named to the 2018 Michigan Super Lawyers and 2018 Michigan Rising Stars list for their accomplishments in intellectual property law by Super Lawyers Magazine. The annual listing honors outstanding exceptional lawyers from more than 70 practice areas who...

  • Brooks Kushman Shareholder Appointed President of MIPLA
    Thursday, May 03, 2018

    Southfield, Mich. – Brooks Kushman shareholder Rachel A. Smith has been appointed as Michigan Intellectual Property Law Association (MIPLA) President for the 2018-2019 term. As President, Smith will be responsible for acting as the official representative of the association. She will provide leadership and strategic vision to the organization to aid in its growth and importance,...

  • Brooks Kushman Shareholder to Speak at IP Counsel Café Annual Silicon Valley Conference; Four Shareholders to Attend
    Monday, April 23, 2018

    SOUTHFIELD, Mich. – Brooks Kushman shareholder John LeRoy will be speaking on a panel at IP Counsel Café is hosting their Annual Silicon Valley Conference in Palo Alto. LeRoy’s panel will focus on recent developments, security concerns, and best practices for ensuring compliance with Open Source Software. IP Counsel Café...

  • Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
    Tuesday, September 19, 2017

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that twenty-two of the firm’s attorneys have been named to the 2017 Michigan Super Lawyers and 2017 Michigan Rising Stars list for their accomplishments in intellectual property law by Super Lawyers Magazine. The annual listing honors outstanding lawyers from more than 70 practice areas who...

  • 10th Anniversary AIPLA Women In IP Networking Event
    Monday, April 24, 2017

      SOUTHFIELD, Mich. – To support and foster the growth of women in the intellectual property (IP) field, Brooks Kushman is hosting the American Intellectual Property Law Association`s (AIPLA) 2017 Women in IP Global Networking Event for Southeast Michigan. This marks the sixth year that Brooks Kushman has hosted the event. The event will take...

  • Brooks Kushman Hosts Workshop For Girl Scouts
    Thursday, April 06, 2017

    SOUTHFIELD, Mich. –  Brooks Kushman  recently held an event for Cadettes of the Girl Scouts of Southeast Michigan (GSSEM) to help them earn their IP Patch in partnership with Intellectual Property Owners Educational Foundation and the U.S. Patent and Trademark Office (USPTO). The event took place at the United States Patent and Trademark Office’s (USPTO) Regional Outreach Center, located at...

  • Girl Scouts To Earn IP Patch At USPTO Detroit
    Monday, February 27, 2017

    SOUTHFIELD, Mich. – In partnership with the Girl Scouts of Southeast Michigan (GSSEM), Intellectual Property Owners Educational Foundation and the U.S. Patent and Trademark Office (USPTO), Brooks Kushman  recently held an event for Cadettes of the GSSEM to earn their IP Patch. The event took place at the United States Patent and Trademark Office’s (USPTO) Regional Outreach Center, located at 300...

  • Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
    Thursday, September 15, 2016

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that several of the firm’s attorneys have been named to the 2016 Super Lawyers and Rising Stars list for their work in intellectual property law. The annual listing honors outstanding lawyers from more than 70 practice areas who have attained a high degree of peer...

  • Brooks Kushman partners with Girl Scouts to Promote Diversity in STEM Education
    Monday, June 20, 2016

    SOUTHFIELD, Mich. – In partnership with the Girl Scouts of Southeast Michigan, Intellectual Property Owners Educational Foundation and the U.S. Patent and Trademark Office (USPTO), Brooks Kushman was able to distribute over 160 IP Patches throughout southeast Michigan during the 2015/2016 Girl Scouts calendar year. The IP Patch was created...

  • Brooks Kushman Attorneys Named to MIPLA Officer Positions
    Wednesday, June 01, 2016

    Southfield, Mich. – Brooks Kushman attorneys Jonathan D. Nikkila and Rachel A. Smith have been appointed as Michigan Intellectual Property Law Association (MIPLA) officers for the 2016-2017 term. Nikkila will serve as President and Smith will serve as Second Vice-President. As President, Nikkila will be responsible for acting as the official...

  • Brooks Kushman Hosts Workshop For Girl Scouts To Earn IP Patch At USPTO Detroit Office
    Wednesday, April 06, 2016

    DETROIT (April 5, 2016) – Brooks Kushman will host an event on Saturday, April 23, 2016 from noon to 2 p.m. for Brownies in the Girl Scouts of Southeast Michigan to earn their IP Patch. The event will be held at the United States Patent and Trademark Office’s (USPTO) Regional...

  • Brooks Kushman Associate Honored as WLAM Member of the Month
    Tuesday, February 02, 2016

    Southfield, Mich. - Brooks Kushman Associate Rachel A. Smith will be recognized as the Women Lawyers Association of Michigan (WLAM) Member of the Month in honor of her acceptance in the 2016 Oakland Executive’s Elite 40 Under 40. The WLAM is a statewide organization that provides wide-ranging networking and professional development...

  • Brooks Kushman Associate Named 2016 Oakland County Executive’s Elite 40 Under 40
    Wednesday, January 27, 2016

    Southfield, Mich. - Brooks Kushman is pleased to announce that Associate Rachel A. Smith has been selected as a member of the 2016 Oakland County Executive’s Elite 40 Under 40 class, one of 40 individuals L. Brooks Patterson is recognizing for their innovation, talent and leadership. Mr. Patterson will recognize...

  • Rachel A. Smith Named 2015 Up & Coming Lawyer
    Wednesday, November 18, 2015

    Southfield, Mich. - Brooks Kushman is pleased to announce that Associate Rachel A. Smith has been named a Michigan Lawyers Weekly’s 2015 “Up & Coming Lawyer.” This award recognizes 30 honorees in Michigan’s legal community who are establishing a name for themselves; go above and beyond and display the ambition,...

  • Brooks Kushman Hosts Women in IP Global Networking Event
    Thursday, May 14, 2015

    SOUTHFIELD, Mich. – Brooks Kushman, Michigan’s largest intellectual property (IP) law firm, will host the American Intellectual Property Law Association’s (AIPLA) 2015 Cross-Country Women in IP Networking Event for the Detroit region. This is the fourth year that Brooks Kushman will host the event, which will take place May 21 from 6-9 p.m. at MEX...

  • Brooks Kushman Hosts Michigan's First Event to Help Girl Scouts Earn IP Patch
    Monday, March 23, 2015

    SOUTHFIELD, Mich. – Brooks Kushman hosted an event on Saturday, March 21, 2015 for Girl Scouts in the Heart of Michigan Troop to earn their IP Patch. During the event, held at the Ypsilanti Ann Arbor Regional Center, Girl Scouts heard from six Brooks Kushman attorneys on the IP tools...

  • Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky
    Tuesday, December 03, 2013

    SOUTHFIELD, Mich. – Brooks Kushman P.C. – a nationally ranked intellectual property (IP) and technology firm – is pleased to announce that Isaac Slutsky has joined the firm`s Southfield, Mich. office. The announcement was made by Mark Cantor, president of the firm.“Isaac has a significant amount of experience in computer...

  • Brooks Kushman Announces Four New Attorneys; Further Expands Medical Device and Trademark Practice Groups
    Wednesday, October 16, 2013

    SOUTHFIELD, Mich. – Building upon the firm`s expertise and diversity, Brooks Kushman P.C. – a nationally ranked intellectual property (IP) and technology law firm – has hired Kristin L. Murphy, Linda D. Mettes, Rachel A. Smith and Dorne J. McKinnon-Rybicki, adding more than 60 years of combined legal experience at...

    • U.S. Supreme Court Rules Copyright Registration Required to Sue for Infringement
      Tuesday, March 05, 2019

      The U.S. Supreme Court ruled yesterday that a copyright owner must first obtain a copyright registration from the Copyright Office prior to filing a complaint for infringement of that work. This resolves a long-standing federal circuit court split regarding whether the Copyright Office must grant copyright registration before a copyright...

    • USPTO Issues Revised Guidance in Effort to Address Patent Eligibility Concerns
      Wednesday, January 09, 2019

      On January 7, 2019, the U.S. Patent and Trademark Office published in the Federal Register revised guidance to examiners and other USPTO personnel concerning the evaluation of subject matter eligibility under 35 U.S.C. § 101.  84 Fed. Reg. 50.  The guidance modifies the USPTO’s application of the Alice/Mayo framework by...

    • Alice Corporation Pty. Ltd. v. CLS Bank International
      Monday, June 30, 2014

      The U.S. Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International, 573 U.S. _____ (2014) (Alice) struck down method claims related to mitigating “settlement risk” in financial transactions as being drawn to an abstract idea on On June 19, 2014 . The Court further concluded that claims implemented...

      • Defining and Navigating Patent Eligibility Concerns Under Alice/Mayo
        Wednesday, January 09, 2019

        In this webinar, Brooks Kushman shareholders Isaac Slutsky and Rachel Smith discussed the revised guidance to examiners and other USPTO personnel concerning the evaluation of subject matter eligibility under 35 U.S.C. § 101.  84 Fed. Reg. 5 by the USPTO, and review potential strategies to maximize the benefit from the changes,...

        Co-Author, “USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination,” October 2017

        Co-Author, “Alice Corporation Pty. Ltd. V. CLS Bank International,” June 2014