Patent Prosecution With A Focus On Value
New concepts and inventions are the life-blood of our economy. For inventors, small and midsized businesses and large corporations alike, obtaining proper patent protection is critical in maintaining a competitive edge. BRAXTON PERRONE is a cutting edge legal resource in dedicated to providing effective and efficient intellectual property counsel, and representation.
Synthesizing Solid Legal Judgment With Scientific Knowledge
Developing a solid patent strategy requires thorough analysis of your new concept, as well as your business goals. The full scope of protection is defined by the approved claims in the patent. Our approach to patent prosecution couples the sound legal judgment of our team of experienced lawyers with our diverse scientific knowledge to effectively and efficiently determine the claims needed to protect your business assets.
Through teamwork, we are able to fuse multiple perspectives to craft solid patent strategies that meet the business needs of our clients. We thoroughly evaluate the new concept scientifically and legally, analyze the relevant prior art and assess our clients' business goals to maximize value with well-grounded claims.
When you work with our patent prosecution attorneys, you will work with a senior lawyer every step of the way. Our partners each have the scientific credentials, the legal experience, and the desire to provide highly efficient, responsive representation in:
• Performing patentability studies and due diligence
• Preparing and prosecuting patent applications
• Providing strategic prosecution in parallel with pending or anticipated litigation
• Post-grant patent practice before the USPTO Patent Trial and Appeal Board (PTAB) See below.
• National stage patent filings
• Patent Cooperation Treaty (PCT) and other international patent filings
Comprehensive Post-Grant Proceedings Representation
The U.S. Patent and Trademark Office (USPTO) conducts rigorous internal examinations of each patent application. Once a patent issues, disputes often arise over whether that examination process should have resulted in a patent. As full-service patent prosecution lawyers, we are committed to providing effective advocacy both during the patent application process, as well as in the various post-grant review proceedings conducted before the Patent Trial and Appeal Board.
We provide individuals and businesses with exceptional patent counseling services, and can advise you concerning the pros and cons associated with a challenge of the validity of a patent through one of the post-grant proceedings available at the USPTO. Post-grant proceedings can accomplish a variety of goals. We will fully explain your options and the cost-benefit of each to allow you to make informed decisions.
Third-Party Challenges Against An Issued Patent
The USPTO offers several avenues that a party may take to challenge the validity of a patent, including:
- Inter Partes review: A party wishing to challenge the validity of one or more claims of an issued patent as obvious or anticipated may opt to petition the PTAB for inter partes review (IPR). An IPR is an adversarial proceeding resolved in an administrative setting.
- Post-grant review: Like the inter partes review proceeding, a post-grant review challenge to the issuance of a new patent is an adversarial proceeding. A post-grant review allows a party to raise a broader range of challenges to the patent claims.
- Derivation proceedings: When two or more parties claim to be the inventor for the same invention, a derivation proceeding is an option to protect the true inventor's rights. A derivation proceeding may occur while a patent is under examination. This type of challenge is available so long as the proceeding is initiated within one year from the date that a patent claim in dispute
was first made public.
- Ex Parte Reexamination: A third party may petition the USPTO for the ex parte reexamination of a patent. A party whose rights are impacted by an issued patent may wish to request this type of administrative review as a cost-effective method to challenge another's patent rights. This type of review proceeds as a non-adversarial patent examination between the patent owner and the USPTO, with the requesting party not directly involved in the examination.
Turn To Seasoned Patent Attorneys For Effective Representation
The patent attorneys at BRAXTON PERRONE each have the scientific background and vast legal experience to provide effective advocacy in all stages of the patent process. We draw on that knowledge equity to synthesize complex scientific information into terms patent examiners understand. For seasoned judgment and unsurpassed personal service, call 469-814-0047 or contact us online. The confidential initial consultation is complimentary.