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Thomas Tuytschaevers, Nutter McClennen & Fish LLP Photo

Thomas J. Tuytschaevers

Of Counsel / Boston

Overview

Thomas J. Tuytschaevers is of counsel in Nutter’s Intellectual Property Department. Clients rely on Tom’s counsel in patent preparation and prosecution, product clearance, licensing, invention mining, and portfolio development. Tom has extensive experience in conducting due diligence for corporate transactions, litigation discovery, and a broad range of commercial matters, including indemnities, warranties, non-disclosure agreements, and sales terms and conditions.

Drawing on his background in electrical engineering, Tom advises clients on a wide range of technologies, including:

  • Electrical systems
  • Computer hardware and software
  • Analog and digital circuit design, as well as integrated circuit design
  • Microelectromechanical systems (MEMS)
  • Automobile safety systems
  • Medical devices and instrumentation
  • Internal combustion and rotary engines

Prior to joining Nutter, Tom was counsel at a New England-based intellectual property law firm. Previously, he served in the legal department of a multi-billion dollar semiconductor company, where he advised on a broad range of patent, copyright, and trademark issues, in addition to handling corporate matters, including sales terms and conditions, due diligence analysis, license agreements, and custom product development agreements. Earlier in his career, Tom was an engineer at a defense contractor, where he worked on missile guidance radar design and developed test station hardware and software.

Tom has presented at the Boston Bar Association and taught intellectual property to graduate business students at Northeastern University for more than 10 years. He volunteers as a mediator in the Sheldon W. Rothstein Mediation and Conciliation Program in the Dedham District Court. Tom updated Patent It Yourself, a book originally authored by David Pressman, which explains the fundamentals of patent law and what inventors should know when applying for patents.

Tom is past chair of the board of directors of The Center for Dynamic Learning, Inc., a nonprofit organization dedicated to providing STEAMM (Science, Technology, Engineering, Arts, Mathematics, and Manufacturing) extracurricular programs to students in Rhode Island.

Experience

Experience

  • Intergraph Corporation

    In November 2020, Nutter achieved a significant win for its client Intergraph Corporation. Intergraph invented a distinct graphic for the on-screen display of its software product and engaged Tom Tuytschaevers to obtain a “design” patent for the graphic. A design patent is a patent that grants ownership to the ornamental design of a product. The Examiner at the U.S. Patent and Trademark Office (“U.S.P.T.O.”) rejected Intergraph’s application based on the Examiner’s erroneous interpretation of the statute and a U.S.P.T.O. precedential decision. Tom persevered through a multi-year battle with the U.S.P.T.O., including a successful appeal to the U.S.P.T.O.’s Patent Trial and Appeal Board (“Board”). Tom researched the evolution of the U.S.P.T.O.’s standards for design patents, briefed the appeal, and represented Intergraph at oral arguments before the Board, ultimately convincing them to rule in Intergraph’s favor. The Board’s decision clarifies the U.S.P.T.O.’s design patent standards and holds the potential to change the way the U.S.P.T.O. examines design patent applications for computer displays.

News & Insights

Honors

Honors

  • Massachusetts Super Lawyers, 2017-2019

Education & Admissions

Education

Pepperdine University, J.D.
Northeastern University, B.S.

Admissions

  • Massachusetts
  • Rhode Island
  • U.S. District Court for the District of Rhode Island
  • U.S. Patent and Trademark Office

Noteworthy

  • Massachusetts Super Lawyers, 2017-2019
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