“You miss 100% of the shots you don’t take.”
“You miss 100% of the shots you don’t take.”
Our Key Services
With more than 600 client reviews and over 60 years of combined patent and trademark experience, our licensed U.S. patent practitioners have helped individuals and companies around the globe protect their intellectual property (IP). IP is the nucleus or core of the business upon which everything else depends and is defined as a work or invention that is the result of creativity, for which one may apply for a patent, trademark or copyright.
Our team of U.S. Patent Attorneys love an interesting challenge and have the experience necessary to make your idea a resounding success. Here are just a few IP areas we specialize in:
Patent Search & Legal Opinion
A Patent Search is an actual search made to determine whether a particular invention is novel or new. Our team of patent attorneys with years of experience and a vast amount of resources will perform the Patent Search. We’ve conducted countless searches and we almost always find something very similar. Hopefully we don’t find anything that would be considered a direct hit or conflict (identical product) but we will find something. For these reasons, our search is touted as one of the best in the industry.
We offer one of the best searches money can buy and include a Legal Opinion. So, not only will you receive a Prior Art Research Report, you will also receive a Legal Opinion letter signed by one of our attorneys. The Legal Opinion will provide you with ‘legal advice’ as to the viability of the idea. Our search also combines Unites States and International prior art (similar ideas) references.
There are many reasons why one should first conduct the Patent Search as opposed to just blindly filing a patent application:
- DO NOT waste time and money filing a patent application on an idea that is not new or already patented
- You DO NOT want to start selling a product that is already patented as you will be infringing on someone else’s patent and may potentially get sued
- Patent attorneys want to expose any obstacles in the form of prior art (similar ideas) in order to draft the patent application around these obstacles, making for a much stronger patent application
A patent search usually begins with a review of previously issued patents and progresses to other types of documents such as journal articles and scientific papers describing unpatented inventions (which will also block approval). The most thorough patent searches are performed by U.S. registered patent attorneys. After the Patent Search is concluded, our firm will then render a legal opinion as to the patentability of the invention based on our examination of the most relevant references. We are experts in the art of searching through patents and have over 600 truly amazing client reviews, please check them out.
Utility Patent Application
Black’s Law dictionary defines “utility patent” as “the customary type of patent issued to any novel, non-obvious, and useful machine, article of manufacture, composition of matter or process.”
A patent for an invention is the grant of a property right to the inventor, issued by the Patent Office. The right granted by the Patent Office, in the language of the statute and of the grant itself, is “the right to exclude others from making, using, offering for sale, or selling” the invention in the U.S. or “importing” the invention into the U.S. When the patent obtained is a utility patent, the rights obtained cover the way the invention is structured and functions, with exclusive rights being owned by the inventor even if the allegedly infringing product looks different.
The Patent Search is always the first and most critical step in the Patent Application process. Put simply, the Patent Application should only be filed if the Patent Search is clear. Once the Patent Search is clear, you can file the Utility or Non-Provisional Patent Application. Once filed, you are free to begin advertising, manufacturing, distributing and selling. Once approved, the Non-Provisional Patent Application essentially gives the inventor a monopoly to do the same.
- Under no circumstances should you ever hire a non-law firm patent company to complete the Patent Search or Patent Application.
- Non-law firm patent companies by law cannot practice law, cannot give inventors legal advice and are under no ethical obligation or attorney-client privilege to keep the idea confidential.
- The Patent Search and Patent Application legal fees are always a Flat Fee. We are experts in the art of filing patent applications and we have over 600 truly amazing client reviews. Check them out.
Provisional Patent Application
If the inventor does not have the funds to file a Utility patent application, the inventor can file a Provisional Patent Application which gives 1 year of protection and a filing date with the patent office. A Provisional Patent Application will also give the inventor “patent pending” status and allow him/her to start marketing and selling the product. The Provisional must be converted to a real patent application or a Utility / Non Provisional Patent Application within 1 year or the provisional will go abandoned.
The game plan here would be to:
- File the Provisional Application now
- Start selling the patent pending product
- Use the money you generate in the next year to finance the Utility / Non-Provisional Patent Application.
- Or attempt to license the patent rights to other companies who may be interested in the idea. With licensing, you own the patent rights and another company manufactures and sells the product for you. In most cases, they come up with all the money to get your company going. In this scenario, you just sit at home and collect royalty checks.
Design Patent Application
A Design Patent is a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article. This applies to any unique form or otherwise perceivable design features of an object – for instance, a chair, table, hand tool, clock, bottle, purse, etc…
Whether an invention falls under the scope of a design patent can be a tricky question. There are two basic criteria for eligibility:
- The design must be industrial. Thus, a painting or sculpture is not eligible for design patent protection because it is not separable from a useful object.
- The design must not be dictated by the function of the article. That is, if the design specifically affects the way the article works, that design would not be separable from function and would not be eligible for design patent protection (though it may be eligible for a utility patent).
Like all patents, a design patent is a right to exclude. That is, it gives the owner the right to exclude others from making, using, selling, offering to sell or importing articles with the particular design without permission. And design patent rights can be enforced in federal courts.
Trademark Search & Filing
A Trademark is critical to a business and is defined as a word, logo, symbol, or tagline that identifies a particular company’s brand. Legal professionals agree:
- Conducting a Trademark Search is the first step in the Trademark application filing process.
- The Trademark Search should be conducted by an attorney that is registered to practice before the U.S. Patent and Trademark Office (very few attorneys are licensed by the USPTO so be careful).
- Hiring non-law firms or document preparation companies will usually cost you more money in the long run. Document preparation companies cannot by law give legal advice based on the results of the Trademark Search and therefore cannot tell you if the Trademark you chose is fatally flawed. We refuse to waste client’s money on something that is a sure failure or is infringing. Our firm guarantees to communicate honest results of the Trademark Search as evidenced in our USPTO Trademark application approval rate which is extremely high.
Trademarks are one of the most valuable assets of a business. In today’s world of startups, internet advertising, and marketing, it is more important than ever to have your brand/logo protected with a Federal Trademark Registration. Our practitioners are well versed in U.S. and foreign trademark law. Our attorneys provide the most cutting edge legal representation possible when handling your trademark needs.
Registering your Trademark with the USPTO provides the maximum legal protection for the name of your company or product. Otherwise, another company can come along and exploit your brand name and reputation for their own financial gain. We are experts in the art of filing Trademark applications, our approval rate with the USPTO is astronomically high and we have about 600 truly amazing client reviews.
Patent Infringement Litigation
If you believe a business has infringed on your patent, you may be able to file a lawsuit to make them stop the infringement and recover financial compensation for the damage you have suffered. Under U.S. law, an infringement may occur when the defendant has made, used, sold or imported the infringing invention or its equivalent.
We take patent infringement claims on a contingency which means the attorney only receive a percentage of what we recover for the client. There are no out of pocket expenses, no hourly fees, expenses or other costs to you. If there is no recovery, the client is not responsible for any attorney’s fees or other expenses.
We work with a network of other law firm in the U.S. who have won infringement lawsuits against some of the largest corporations in the U.S. including Fortune 500 companies and global conglomerates. If you think someone has infringed on your intellectual property, give us a call for a free consultation, at the very least, we’ll be able to get you pointed in the right direction.
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To speak with one of our U.S. Patent Attorneys, call now. Or submit your info and we’ll call you within 24 hours.