In patent law, there are three main parts to patenting an invention. First, a global or U.S. patent search is conducted over many proprietary databases to make sure your invention is original. Second, a detailed patent application is drafted and filed with the patent office to establish that your concept is unique. The application must consider not only the invention, but also the legal landscape, prior patent submissions and the inventor’s commercialization plans. The final step is to prosecute the patent with the USPTO until it’s approved. The entire process takes years to finalize, so it’s important you work with someone experienced in patent services and people you trust who will be committed over the long-term.
Often our clients file a provisional patent application to start. That holds the filing date for them while they refine their product and test the market. Filing a patent application allows the inventor to move forward with the commercialization of their product. One year from the date of filing a provisional patent application, the inventor must file a utility patent application based on the provisional if they want to go forward. The utility patent application includes the disclosure of the provisional patent application and any changes that the inventor has made to the invention since the provisional application filing. The utility patent application is published and examined by the USPTO patent examiner.
We’ll help you maximize your chances of success with the U.S. Patent & Trademark Office (USPTO) and minimize prior art issues with competitors by understanding prior patent submissions in your field, the overall review process and how to draft the proper point of view in the application.
The USPTO does not grant a patent just because the paperwork has been filed; we must argue the points of the patent with the patent examiner and convince him or her that the invention meets all of the USPTO’s requirements.
Your chances of success in this step are increased if you use an experienced patent attorney who has dealt with the USPTO on patent inventions and is familiar with their requirements. Time and time again, Gearhart Law has consistently helped our clients achieve success.
If a competitor infringes your patent, we can take steps to help you prevent further patent infringement. We work to minimize your cost of preventing the patent infringement and settle out of court. You may be able to collect damages from the patent infringement.
Our experience spans patent application drafting, domestic and international patent prosecution, due diligence, opinion rendering for patent infringement and validity, agreement and transactional work, expert testimony and litigation support.