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Todd Hess

Todd M. Hess

Professional Engineer. Certified Financial Planner. Patent Attorney.

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Licensed to practice law in South Carolina, North Carolina, Georgia, and in federal court with the United States Patent and Trademark Office, Todd Hess brings over a decade of intellectual property experience to Barnwell Whaley, particularly in counseling start ups in the pharmaceutical and specialty chemical industries. He has worked in the areas of:

• Hydrocarbon processing
• Chemicals – organic and inorganic chemistry
• Polymers
• Oil and gas
• Pulp and paper
• Pharmaceutical industries
• Emerging oil and gas processing technologies
• Energy systems
• Semiconductors

Hess has successfully drafted and received patents on over 100 patent applications and has successfully prosecuted registrations on several hundred trademark applications with the United States Patent and Trademark Office.  He has drafted, filed and prosecuted applications for licenses in association with advanced technology-based products with state and federal agencies including the Nuclear Regulatory Commission, the Food and Drug Administration, and the Federal Communications Commission.

Comfortable with teams both foreign and domestic, he has experience obtaining patents and trademarks on behalf of clients and has served as counsel in many patent and trademark litigations, including trade secret and patent infringement matters.

As effective business counsel, Hess has successfully negotiated and executed several dozen license, joint development and co-existence agreements.  His financial acumen and extensive experience in conducting due diligence studies involving intellectual property ownership, contractual obligations, and technology-based assets in support of the sale and acquisition of companies as well as taking a private company public has assisted in the proper valuation of the intangible assets involved in these types of transactions.

Prior to joining Barnwell Whaley, Hess served as in house counsel with United States and global responsibility for patents, trademarks and domain name registrations for two major manufacturers managing portfolios of over 700 issued patents, 1,300 registered trademarks and 200 domain name registrations. Previous employment includes six years as an attorney at Alston & Bird in Charlotte, North Carolina.

Born in Kentucky and raised in Ohio, Todd Hess received his bachelor of science in chemical engineering from the University of Cincinnati summa cum laude, his master of science in chemical engineering from Ohio State with honors and his juris doctorate from Case Western Reserve University School of Law cum laude where he served as president of the Student Intellectual Property Law Association.

FAQ: What is a patent?



Todd Hess
Practice areas

Intellectual property
Civil litigation
Business law

Professional memberships

American Bar Association


Bachelor of Science – Chemical Engineering
University of Cincinnati
summa cum laude
Master of Science – Chemical Engineering
Ohio State University
with honors
Juris Doctor
Case Western Reserve University
cum laude 

Additional certifications & training

Certified Financial Planner
Registered Professional Engineer
Advanced Licensing Agreements – Practising Law Institute
International Intellectual Property Law & European Union Governance – Seton Hall School of Law and National University of Ireland

Court admissions

U.S. Patent and Trademark Office
All Georgia courts
All North Carolina courts

Publications & speaking engagements

Valuation of Intangible Assets CLE