Thomas E. Spath

PHONE: 212.885.9250


Tom Spath joined Abelman Frayne & Schwab in 1995 as Of Counsel to continue the patent and trademark practice specialties he developed over the prior 25 years as a partner in two other intellectual property specialty firms in NYC.

Tom’s current practice is focused on patent preparation and prosecution in the U.S. Patent and Trademark Office, and in international practice in numerous jurisdictions including the EPO, China, and Japan.


  • University of Maryland Law Review, staff member; author: “Recent Developments – Securities Regulation: Non-Seller    Given Injunctive Relief Under Rule 10b-5”, 28 Maryland Law Rev. 178.
  • “Patent Law-Function of the Apparatus Test: In re Tarczy Harnoch”, 29 Maryland Law Rev. 227.

Bar and Court Admissions

  • Maryland, 1969
  • New York, 1970
  • U.S. Patent and Trademark Office, 1971
  • Member of the Bar of New York; admitted in Maryland
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the First, Second and Fourth Circuits
  • United States District Courts for the Southern and Eastern
  • Districts of New York
  • United States Patent and Trademark Office

Professional Affiliations

  • American Intellectual Property Law Association (AIPLA)
  • American Bar Association – IP Law Section (ABA)
  • International Trademark Association (INTA)
  • New York Intellectual Property Law Association (NYIPLA)

Personal Notes

  • Tom Spath concentrates his practice on U.S. and international patent and trademark protection.

Professional Activities

  • American Intellectual Property Law Association – member, domestic and international patent committees.
  • New YorkInternational Patent Law Association – representative to the U.S. Bar/EPO Liaison Council.
  • New York City Bar Association – member


  • Treatise entitled “Protecting Trade Dress”, published by Wiley in 1992, co-authored Chapter 6, “Functionality” and participated in Trade Dress seminar sponsored by the publisher.
  • Article for Thomson & Thomson, February 1994 edition of Client Times newsletter, on effect of NAFTA on U.S.companies.
  • Presentation of paper entitled “North American Free Trade Agreement: Trademark Counsel’s View of Practice Changes” at INTA Mid-Winter Meeting, November 1994.


  • Johns Hopkins University, BES-ChE
  • University of Maryland Law School, J.D., 1969