Practical guidance on protecting inventions and navigating the U.S. patent system.
Analysis and practical guidance on patent prosecution, USPTO developments, patent strategy, and important court decisions affecting inventors and businesses.
A patent decision starts with the technology and the business—not an application form. Consider patentability, commercial value, timing and alternatives before committing to a filing strategy.
A patent decision starts with the technology and the business—not an application form. Consider patentability, commercial value, timing and alternatives before committing to a filing strategy.
A provisional application can establish an early filing date, but it is not an examined patent application. Understand the deadline, the disclosure requirements and what happens next.
Understand the stages that drive cost, from searching and drafting to examination and maintenance. A realistic budget looks beyond the initial filing fee.
An improvement may be patentable even when the underlying product already exists. But obtaining a patent and having freedom to commercialize the product are separate issues.
An Office Action identifies issues with a pending application. The response should address the actual objections and rejections while preserving a useful claim strategy.
Being different from a single earlier reference does not by itself establish nonobviousness. Understand the evidence and reasoning behind an obviousness analysis.
The claims define the legal boundaries of a patent. Learn how independent and dependent claims differ—and why technical detail in the description is not the whole story.
A search can inform a filing decision and improve the drafting discussion. It cannot guarantee that an application will be allowed—or that a product is clear of other patents.
Product launches, publications and commercial activity can affect patent rights. Coordinate filing decisions before trade shows, sales and other disclosures.
The Supreme Court’s 2007 decision remains an important foundation for obviousness analysis. Its flexible approach has practical consequences for drafting and responding to rejections.
Government fees and eligibility requirements should be checked against the USPTO’s current guidance. Do not assume a reduced fee applies simply because a business is young or small.
An infringement concern calls for a claim-focused legal analysis. Preserve evidence and evaluate the patent, accused activity and business objectives before making accusations.
Every invention and patent strategy presents different considerations. Contact us to discuss how these issues may apply to your technology or patent portfolio.