Preparing and filing patent applications with the U.S. Patent and Trademark Office (USPTO) is referred to as “patent prosecution.” The registered patent attorneys at Thomas P. Howard, LLC include extremely experienced ex-patent examiners from the Patent and Trademark Office. They understand every step of this process and will work with you to secure the broadest possible protection for your invention. As a result of their extensive experience both working at the United States Patent and Trademark Office and prosecuting patents for clients, our attorneys know how to write concise and effective patent claims.
Patents can provide a significant competitive advantage to a business. Utility patents protect the functional aspects of an invention, while design patents protect the aesthetic look of a new product. Both types of patents will give the owner the right to exclude others from making, using, selling, or importing what is claimed in the patent. A patent can be powerful business tool, and should be pursued within the framework of a sound business plan and strategy.
A good patent strategy will include commercialization considerations such as who will likely infringe, will the competition design around, or are there viable non-infringing alternatives. That strategy also considers business objectives such as customer retention goals, product development cycle, and market share expansion. The role of a patent in the business should inform the decisions for the prosecution of the patent application.
It is important to consult with a patent attorney early in the development and commercialization of your invention. You could be barred from obtaining a U.S. patent if a patent application for the invention is not filed within one year of a public disclosure of the invention for sale in the United States. Moreover, most countries other than the United States do not allow a one-year grace period, and follow an absolute novelty requirement instead.
Disclosures made at trade shows, presented at conferences, or posted on websites can bar a patent on an invention so disclosed. A sale or an offer to sell an embodiment of the invention also could be a statutory bar to a patent for that invention.
We will work closely with you to learn about your invention and determine the viability of pursuing a patent for you as well as whether a patent makes sense in view of the expected scope of protection. Other alternative forms of IP protection such as protecting the innovation as a trade secret may be appropriate depending on the circumstances.
Call Thomas P. Howard, LLC at 303-665-9845 for a free consultation regarding the prosecution of a patent on your behalf.