Peter F. Malen’s legal and technical backgrounds are diverse. He began his professional career as a mechanical engineer and worked with the Department of Defense, where he specialized in design and troubleshooting of mechanical systems on aircraft carriers and other surface combatants. Since transitioning to the practice of law, Mr. Malen has managed IP portfolios for clients of all sizes from industries including sporting goods, mechanical systems and devices, electrical and electronic systems and devices, manufacturing, computer software, and fiber optics. In addition to the development and implementation of IP protections for U.S. and international patent and trademark applications, Mr. Malen also provides international trade secrets counseling, licensing, infringement investigations, due diligence investigations, and assistance in the advancement of client rights in foreign jurisdictions including Europe, Japan, China, Taiwan, Korea, India, Brazil, Chile, Australia, Mexico, and South Africa.


  • U.S. Trademark Oppositions and Cancellations
    Appeals before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office
  • U.S. and International Prosecution of IP, Patent, and Trademark Infringement
  • U. S. and Foreign Licensing of Intellectual Property Rights, Including Patents, Trademarks, Copyrights, Trade Secrets, and Know How
  • Employment Agreements and Invention Ownership
  • Non-Disclosure Agreements
  • Assignments of Intellectual Property Rights
  • Opinions regarding Patent Searches, Patentability, Freedom to Operate, Trademark Searches and Clearance, Patent Infringement Opinions, and Defensive Opinions of Non-infringement and Design Around Strategies
  • Mechanics and Mechanical Engineering
  • Electronics and Electrical Engineering
  • Computer Systems, Software, E-Commerce, Business Methods & Information Technology
  • Physics and Optics
  • Agriculture Science
  • Workman Nydegger Board of Directors, 2011-2012, 2017-present


  • J.D., cum laude, Seattle University Law School, 1998
  • B.S., Mechanical Engineering, Gonzaga University, 1985


  • Supreme Court of Utah
  • Registered Patent Attorney, U.S. Patent and Trademark Office
  • Licensed Professional Engineer (mechanical) in the State of Washington
  • U.S. District Court for the District of Utah
  • U.S. Court of Appeals for the Federal Circuit

Community Involvement

Community Involvement
  • 2012-2015, Executive Committee member, Utah ASME chapter
  • 2013, 2015, Volunteer, Cottonwood Canyons Foundation (CCF) and U.S. Forest Service
  • 2012-2016, Volunteer, Ronald McDonald House, St. Vincent DePaul, Salt Lake City Welfare Square, Utah Food Bank, City of Salt Lake
  • 2016 Jordan High School Career Day


  • American Society of Mechanical Engineers (ASME)
  • American Intellectual Property Lawyers Association (AIPLA)
  • International Trademark Association (INTA)

Speaking Engagements

Speaking Engagements
  • Snowsports Industries of America (SIA) Snow Show 2015 Denver, CO
  • Snowsports Industries of America (SIA) Snow Show 2016, Denver, CO
  • ASME Utah – Student in Industry Day 2016
  • Snowsports Industries of America (SIA) Snow Show 2017, Denver, CO
  • Who is an Inventor on a Patent Application? Not just any Tom, Dick, or Harry…

    From time to time, when exploring the question of inventorship with a client, I’ve been told things along the lines...
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  • Overriding Patents – The Naloxone Dilemma

    With no end in sight to the ongoing, and widening, opioid epidemic in the United States, politicians, public health officials,...
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  • Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been Made

    At one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed...
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  • When ‘Because I Said So’ Is Not Enough

    Many, if not, most patent practitioners have been faced with an obviousness rejection under 35 USC 103 in which the...
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  • IP Considerations and Strategies for Small to Medium-Sized Companies

    Snow sports enthusiast and Workman Nydegger Shareholder, Peter F. Malen Jr. presented at the SnowSports Industries America (SIA) Snow Show...
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  • Why should reference teachings be combined? Maybe it’s not so obvious after all

    This note concerns the obligation of the USPTO Patent Trial and Appeal Board (PTAB) to adequately explain why a claim...
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Vandy So


  • 3 years at Workman Nydegger

Contact Information
Email vso@wnlaw.com
Phone 801-533-9800