Patent Protection Attorneys

In today’s globalized economy, patents offer inventors and startups a critical competitive edge. A proactive, forward-thinking patent strategy protects your most valuable ideas, inventions, and intellectual property to keep you on the cutting edge of your industry.

At The Pure.Law Firm, we not only help you protect your innovations by prosecuting patents on your behalf, but we also counsel you on your best options for broad-based, big-picture patent portfolio development. That includes obtaining protection through the U.S. Patent and Trademark Office (USPTO) and international patent protection and procurement such as through the Patent Cooperation Treaty (PCT).

Our award-winning attorneys bring decades of technical knowledge and experience to the table. Our services include preparing and prosecuting patent applications in various technologies and industries, including consumer products, mobility systems, automotive, software, financial, electronics, bioengineering, medical devices, chemical arts, and more. We take a comprehensive approach uniquely catered to the best interests of your business.

Along with freedom-to-operate opinions, our patent attorneys also provide post-grant representation, including helping draft licensing agreements and handling patent portfolio management with your long-term interests in mind.

We work closely with entrepreneurs and innovators, developing, asserting, and prosecuting patents for businesses of all sizes as well as academics and non-profit organizations.

Contact us or call us at 313-612-2111 to discuss your patent needs now.

We offer the following patent protection & prosecution services:

  • Drafting and prosecuting patent applications
  • All USPTO filings, proceedings, and appeals
  • Amendments, continuations, reissues, and divisional applications
  • Ex parte reexamination and inter partes review
  • Patent clearance and novelty searches
  • Patent due diligence
  • Appeals with the Patent Trial and Appeal Board, and the U.S. Court of Appeals for the Federal Circuit

What is Patent Prosecution and How Do You Get a Patent?

Patent prosecution refers to the legal process of applying for patent protection starting with preparing a patent application and ending with an issued patent.

Any inventor as a creator, business, or startup can apply for patent protection so long as their idea, design, method, product, plant, or invention is novel, non-obvious and otherwise patentable under the law.

For protection in the United States, prosecuting a patent involves filing a non-provisional patent application with the USPTO. The next step is the examination phase of the patent application which typically starts one to two years after filing the patent application. The USPTO publishes patent applications 18 months after filing. 

The prosecution process involves communicating back and forth with a USPTO examiner assigned to your case as they examine your patent application. Typically, it is necessary to respond to one or more Office Actions where the examiner identifies reasons for not allowing your patent application to issue as an allowed patent. It is necessary to prepare and file a response to an Office Action rebutting the examiner’s reasons for not allowing the patent. During this process we can request an interview with the examiner to discuss the basis for any rejection and possible ways of working around it. 

If the examiner determines that your idea is patentable, your application will be allowed. If your application is denied, you can continue the examination process or appeal the decision to the Patent Trial and Appeal Board. Patent denials can also be appealed to the U.S. Court of Appeals for the Federal Circuit.

Patents protection falls into one of 3 categories:

  • Utility patents are the most frequently granted and cover innovative products, processes, methods, including software methods, manufactured items, and compositions such as pharmaceuticals and chemical compounds. Utility patents last 20 years, from the date of filing the patent application, and grant the greatest protection of your novel ideas. 
  • Design patents last 15 years from the date of grant and cover creations that are purely ornamental, not functional. A design patent has more limited protection compared to a utility patent – generally, you can sue for infringement only against nearly identical designs as viewed by the ordinary observer such as a consumer.
  • Plant patents last 20 years from the date of filing and protect the creation of new plants and plant seeds.

The patent prosecution process is complex and requires professional help. The claims of a patent application as analogized to real property, establish the metes-and-bounds of protection granted by the patent and require special attention by an experienced patent practitioner. 

The USPTO only grants you patent protection within the borders of the United States. You must take additional steps for international patent protection. Our firm works with a group of trusted foreign associates to obtain patent protection in other countries.

You want to make sure that your patent is filed correctly the first time around. If your application is denied, you could lose the chance to protect your intellectual property. It’s always best to work with a patent attorney who understands the legal standards to give you the best chance at successfully prosecuting your patent application, including the all-important patent claims to issuance.

How Long Does It Take to Prosecute a Patent?

Once you file your patent application, the time it takes to receive a granted patent can be as long as 24-36 months and sometimes longer, which is why it’s important to get started on the process as soon as possible. According to recent trends, the average time to get your First Office Action varies between 16-18 months. 

For an additional fee, you can file your patent application for Track One prioritized examination, which guarantees you’ll receive a response within 12 months. In reality, the process can go much faster, averaging 2 months for First Office Actions and just over 5 months for final disposition.

What Are the Stages of Patent Prosecution?

An experienced patent practitioner can help you successfully navigate the patent prosecution process to:

  1. Carry out a patent novelty search and obtain a patentability opinion – At your request we will conduct a search of prior art, including existing patents that could stand in the way of obtaining a patent. A prior art search is not mandatory, but it can save time and cost if a substantially similar product or idea is found to already be publicly available. After a thorough search, we’ll present our opinion on how likely the patent office will be to grant you a patent for your invention.
  2. Prepare and file your patent application – Patent applications involve much more than just checking some boxes. Our experienced attorneys will prepare and write your patent application including a background of the area of technology, a detailed description of the invention, and set of claims. Our objective is to maximize your chances of success and include broad-based protection of your invention. There is an opportunity to file a provisional patent application which allows for delaying for up to one year the need to file a non-provisional patent application. We will advise whether filing a provisional patent application is to your advantage.
  3. Prosecute your patent Application to an Issued Patent – This is where having a patent attorney involved is key. Our law firm will handle all the correspondence with the patent office and keep you informed of any developments. We’ll answer any questions, respond to Office Actions, and argue to convince the patent examiner that your application deserves to be approved.
  4. Patent issuance, appeal, or abandonment – The intended and expected result of prosecuting your patent application is an issued patent. If your application gets denied in the prosecution stage, we’ll discuss whether an appeal is the best next step including appeal to the Patent Trial and Appeal Board or the U.S. Court of Appeals for the Federal Circuit.  

If your utility patent is granted, you must pay maintenance fees at intervals of 3.5 years after grant, 7.5 years after grant, and 11.5 years after grant to maintain it. We docket the maintenance fee due dates and manage the process for our clients.

What Are the 3 Basic Requirements for a Patent?

To successfully prosecute a patent in the U.S., your application must be:

  • Patentable Subject Matter – This is a legal definition that covers any “new and useful” process, manufacturing, machine, or composition of matter. Things that occur naturally in the world are not patentable. For example, ideas or steps of a method that can equally be performed by a computer or as mental steps by a person are not patentable. For another example, you cannot patent a naturally occurring metal or element, but you could patent a unique process that results in the metal or element.
  • Novel – Whatever you want to patent must be new, something that’s not already patented or public knowledge. You must not have disclosed your idea or invention to the public more than a year before you file your patent application. So even if you’ve just shared your idea with friends, that could start the clock with a deadline of 1 year. If you fail to file your patent application by then, you could lose the chance to do so forever.
  • Non-obvious – The idea or invention you wish to patent cannot be obvious to someone with ordinary skill in the relevant art or technology. Whoever reviews your patent will compare your application to existing inventions and patents to make sure that you’re not submitting a simple change to another product, or a combination of ideas disclosed in existing patents.

Other jurisdictions have similar requirements, many of which hinge on obscure legal definitions. An experienced patent attorney can help you file a strong application that meets the necessary conditions and avoid any missteps that could get your application rejected or delayed.

How a Patent Attorney Can Help

The world of innovation and technological development moves fast – and on the cutting edge your IP portfolio is likely to be among your most critical assets. Our forward-thinking team works quickly and efficiently to provide broad IP solutions that prosecute and protect your patents, trademarks, copyrights, and other intellectual property assets domestically and across the globe.

The patent prosecution process is precise and detail-oriented, with a lot at stake. It’s not a simple exercise of filling in the application and checking some boxes – it’s called prosecution because you must present a strong case and defend challenges in the process.

At The Pure.Law Firm, our attorneys’ technical expertise allows us to meet your needs no matter which industry you’re in. We know the law and we know how the patent office works. You want to make sure you get your patent application right the first time – that’s why we’re here.

Contact us or call us at 313-612-2111 to speak with one of our patent attorneys now.

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