Patents – What Sets Us Apart?
We offer a full suite of patent services, including patent searches and opinions, patent preparation, and patent prosecution, in the United States and throughout the world.
We also offer patent strategy and counseling, portfolio management, and patent licensing.
Further, we offer freedom to operate, design around, validity, and infringement opinions as well as provide litigation support.
It is likely that you will find these services offered at other firms. So, what sets us apart?
• One size does not fit all. We custom tailor solutions to best suit the needs, requirements and expectations of individual inventors, small business, mid-sized business, and large businesses.
• Not all patents are created equally. The strength of a patent is measured by the claims and prosecution history. We spend as much time as necessary to draft claims of appropriate scope. We thoughtfully consider every response we file during prosecution of pending patent applications. Since our fees are fixed, the extra time we put into our work is on our dime, not yours.
• Two Sets of Eyes. No work leaves our office until at least two attorneys provide substantive review, revision, and approval – typically meeting together to facilitate discussion and healthy debate.
• Experience in understanding the patent law is not enough. To maximize value, your patent attorney must also understand the technology and understand the realities of your business. Our firm requires that patent attorneys have practical, in-the-field engineering experience. We will not only understand your technology, we will integrate into the ebb and flow of your engineering, marketing, sales and legal departments, if that serves the best needs of your business.
Patents serve as one of the fundamental blocks of intellectual property. In general, a patent for an invention is the grant of a nation-wide (within the United States, U.S. territories, and U.S. possessions) property right to the inventor.
The right conferred by the patent grant is “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
What this means, is that owning a patent is not a grant of a right to make, use, offer for sale, sell, or import. They key is that a patent owner’s right is an EXCLUSIONARY RIGHT.
However, a patent right does not last forever. Rather, this right is limited in time. Generally, the term of a newly issued patent is 20 years from the earliest effective non-provisional filing date in the United States, subject to the payment of maintenance fees over the life of the patent. Moreover, under certain circumstances, patent term extensions or adjustments may be available, such as where delay in prosecuting a patent application pending at the United States Patent and Trademark Office is caused by Examiner delays.
Once a patent is issued, the patentee must enforce the patent. The government in general, and the USPTO in particular, will not police or enforce a patent on behalf of a patent owner.
There are three basic types of patents:
A Utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
A Design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
A Plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
A Provisional is not considered a patent because it will never itself, mature into enforceable rights. A Provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention. Provisional applications may not be filed for design inventions.