Patentability: To receive a US patent, an invention must meet two legal standards – novelty and non-obviousness. Bold Patents, a Philadelphia patent law firm, can assess the patentability of an invention by comparing the features of the client’s invention to the prior art found in a patent search. If the invention has at least one feature that is not found in the prior art, it is novel. If the invention is neither a combination nor a variation of prior art features, it is non-obvious.
Patent drafting and prosecution: A patent lawyer drafts a patent application using the patentability opinion to emphasize and claim the invention’s novel features. The line a patent lawyer must tread is to cover the patentable subject matter without crossing over into the prior art. After the patent application is filed with the US Patent Office, the patent lawyer “prosecutes” the application through the examination process.
Patent infringement: US patents are infringed if the patented invention is made, used, sold, offered for sale, or imported. A Philadelphia patent attorney can analyze an infringement claim by comparing the claims of the issued patent to the accused product or process. Whether a client is defending against an allegation of infringement or has an infringement claim against a competitor, this analysis helps the client understand the strengths of a patent infringement case.