Patent Legal Services

An extensive list of patent legal services is provided to clients by patent attorneys.  The common factor in all of these services is that the attorney must have expertise in the complex legal issues as well as in the specific technological area of the invention.

Patent legal services may be required by:

• Inventors considering an application for a patent
• Patent holders, users or licensees defending their rights
• Those accused of unauthorized use of a product
• Competitors or prospective competitors

The industries that make the most use of patent attorneys and their services are involved in technology, electronics, mechanical engineering, computer software, medicine and bio-medical engineering, pharmaceuticals and business processes.

• If you have questions or need legal help regarding an Intellectual Property matter, Submit Your Case for a Free Evaluation with a local certified Intellectual Property Lawyer. There is no obligation to receive legal services.

Among the services that may be needed before an application is filed, during the process or throughout the twenty year life of a patent are the following.

Patent Preparation – The determination that a product may be accepted for a patent.  It will include the elements of patentability such as novelty, non-obviousness, and usability.

Patent Prosecution - The process of arguing the merits of an application.  This includes the amendments that are advanced against claims refuted by examiners.

Patent Filing – The timing of this activity can often affect its validity later.  a challenge to the enforceability of a patent will refer to its filing date.

Patent Licensing – The granting of rights to others in exchange for royalties.  These arrangements extend the commercial benefit of the patent.

Patent Searches - These may be conducted to pre-empt improper use of a patented product, act as a defence against an accusation of unauthorized use or avoid a potential lawsuit.  Of all services offered by patent attorneys they may be the most cost effective.

Patent Litigation -  Defending the rights protected by a patent. Finding the infringer, preventing unauthorized use of the product, securing license royalties or damage awards.

Appeals – When an application is denied.

Maintenance – To ensure that the filing requirements continue through the life of the patent.

Patent opinions - Offered when a cease and desist letter or infringement lawsuit has been initiated.  The opinion examines the claims in the patent and may suggest the appropriate response to the legal action.  Later in the process they may be used to deflect a charge of wilful infringement.

Patent interference -  A process that helps determine the first inventor when competing products are similar and are both patented.  This is valid in the USA.

Foreign Country Applications – These are necessary because of global marketing and the differences in patent law world-wide.

The Importance of Your Patent Attorney

• The process of obtaining a patent may last two years or more.
• The benefit of having a patent may be considerable. It lasts twenty years.
• The cost of patent litigation is very high.
• The damages awarded in a case of patent infringement can run to the millions.

When considering all of these factors add one more:

Any of the patent legal services listed above, along with a large number of lesser known but no less critically important services, can mean the difference between a successful or a costly failed action.

The patent attorney must know:

• Up to date Legal Issues
• Technical Elements
• Competitive external climate
• Correct timing

In order to serve clients whether they have patent protection or accused of violating it.  There are far too many imponderables to manage without  an attorney providing the full range of patent legal services.

• If you have questions or need legal help regarding an Intellectual Property matter, Submit Your Case for a Free Evaluation with a local certified Intellectual Property Lawyer. There is no obligation to receive legal services.