What Do Patent Services Entail?
Some of the services that our patent attorneys provide include:
Patentability Opinions- Inventions must meet specific statutory criteria to be patentable. These criteria include:
- It must relate to an eligible subject matter under 35 U.S.C. § 101
- It must be shown to be useful under 35 U.S.C. § 101
- It must be shown to be novel under 35 U.S.C. § 102
- It must be shown to be non-obvious under 35 U.S.C. § 103
We perform prior art searches through U.S. and international patents and publications and provide our clients with a realistic assessment of whether their inventions are patentable or not.
Lastly, a legal opinion is delivered, which provides a clear answer as to whether a patent should be filed or not.
Patent Drafting- A patent application includes three main sections:
- Written specifications
To write a provisional or regular patent application, a patent lawyer must understand the features that distinguish the invention from any prior art. The lawyer must then explain these features in the patent application specification and drawings so that a patent examiner will appreciate the differences.
Finally, the lawyer must write claims that set out the boundaries of the invention and identify the elements that cannot be used by competitors.
Patent Prosecution- Once a patent application is filed, a patent attorney must shepherd the application through the U.S. Patent Office. In most cases, a patent application will receive at least one office action rejecting or objecting to the application. This is a normal part of patent prosecution and allows our lawyers to work with the patent examiner to focus on the patentable features of the invention.
If the examiner persists in the rejection, our firm can:
- Make amendments and/or provide legal arguments to overcome the rejections.
- Appeal the rejection
- Add new material and re-file the application
- Request further examination of the application
If our lawyers persuade the examiner to agree to the patentability of the invention, the patent will be issued.
International and Foreign Patent Filings- Nations and regional unions administer independent patent systems. Although the U.S. is a member of international patent treaties, inventors need to file separate patent applications for each nation in which patent protection is sought.
We can coordinate with local law firms and regional unions in these countries to file patent applications and secure exclusive rights.
Patent Licensing- Under patent licensing, you grant permission to a licensee to make, use, sell, offer to sell, and/or import your patented invention. In exchange, the licensee pays you license fees (also known as royalties).
Our firm can introduce you to our key patent licensing referral partners once you have reached at least patent pending status.
Patent Litigation – If your invention achieves success, copyists will most likely begin to emerge. If these copyists appropriate the patented features of your invention, they infringe upon your patent.
Patent litigation is one of the most complicated forms of litigation. It combines an area of law that is unfamiliar to most judges and jurors with cutting-edge science and engineering. As a result, most civil litigators cannot successfully litigate patent infringement.
Our firm will refer clients to the right patent litigation firm and support our clients by providing claim charts and key opinions on infringement and validity, which are the main points that are argued in federal court patent litigation.
What Protections Do Patents Provide?
Patents are property. They provide the patent owner with the exclusive right to exploit the invention. If another person or business makes, uses, sells, offers to sell, or imports the patented invention, your issued patent can be used to fight back.
Reasons to Hire Bold Patents for Patent Attorney Services
Even though the patent office allows inventors to file applications pro se (without legal representation), they strongly advise against doing so.
A patent lawyer must have qualifications that most lawyers — and most inventors — simply do not have. They must have a law degree and an engineering or science degree. They must also pass the Patent Bar examination.
As a result of this training, our lawyers have special knowledge of patent law and training in the ways to navigate the Patent Office’s procedures. This provides major benefits to you when you partner with the team at Bold Patents for patent law services.