A Patent is a set of exclusive rights granted to an inventor for a novel‚ useful‚ and non-obvious invention. The patent grant is for a limited period of time. A light bulb‚ a computer‚ and a solar cell are examples of patents. Our law firm handles patent matters throughout southern California including Orange County (Irvine)‚ Los Angeles‚ and San Diego.
A patent is granted for subject matter that has been thoroughly designed and precisely described. The two main types of patents are Utility patents and Design patents. Utility patents are granted for things such as a new and useful process‚ a machine‚ a formula/chemical compound‚ or any new and useful improvement of any of the foregoing. Design patents are granted for new‚ original‚ and ornamental designs or articles. In other words‚ utility patents protect the way an invention functions‚ while design patents protect the way it looks. We file top-flight patent applications. For more information‚ please see our Patent Registration page.
Once a patent is issued‚ the holder of the patent has the burden of enforcing it. Infringement of a patent consists of the unauthorized making‚ using‚ offering for sale‚ or selling of any patented invention during the term of the patent. An infringement may also occur while the inventor is in the patent pending stage. The first step in a patent infringement matter is usually a cease and desist letter. For more information about infringements‚ please see our Patent Infringement page.
If a patent is infringed‚ and the matter cannot be resolved through informal means‚ the holder of the patent may sue for relief in the appropriate federal court. This involves the filing of a Complaint by the plaintiff and then the filing of a responsive pleading by the defendant within 21 days in federal court. The holder of the patent may ask the court for an injunction to prevent the continuation of the infringement‚ and may also ask for an award of damages to be compensated for the infringement. In the event that you are located outside southern California and have a litigation issue here‚ we are happy to provide local counsel and pro hac vice services. For more information‚ please see our Patent Litigation page. You may also see our intellectual property litigation page which includes some of the results that our law firm has achieved in litigation.