Our law firm assists clients in southern California in acquiring patents. If you have an infringement or litigation issue‚ or need local counsel or pro hac vice assistance‚ please see our patent infringement or patent litigation pages.
In order for an invention to be patentable‚ it must be new as defined in patent law. It must also be useful‚ novel‚ and non-obvious. Thomas Edison’s light bulb is one of the best known patents‚ but lesser known patented inventions are all around us.
Very strict deadlines exist to file Patent Applications. Generally‚ an invention is not patentable if the claimed subject matter was disclosed prior to filing the application. This is referred to as the absolute novelty requirement. Though grace periods exist in certain countries‚ we recommend filing a patent application prior to any disclosure. Most countries are “first to file” jurisdictions and therefore it is advisable to register your patent with the United States Patent and Trademark Office and in all other countries in which use is anticipated. Prior to filing for a patent‚ a patent search is recommended to learn about the prior art and whether a similar patent has already been filed by another party. Performing a search prior to filing the application often allows us to file the best possible application. If prior art does exist and it is protected by a patent‚ practicing the invention may expose you to a claim of patent infringement.
A patent application must include one or more claims which specify the subject matter which the applicant regards as the invention. These claims form the heart of a patent as they describe the patent’s scope. If the claims are written too broadly‚ the examiner may reject the claims as covering the prior art and a patent will be denied. If a claim is too narrow‚ the patent may have little value. A patent application will also include drawings of the invention whenever a drawing is required to understand how the invention looks or works. We prepare professional drawings as necessary for any patent applications that we file.
The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications internationally. We can file PCT applications in all contracting countries‚ and we have relationships with law firms throughout the world to assist in the prosecution of PCT applications as necessary.
We have offices throughout southern California. If you are interested in having us assist you with a patent application or if you have a patent infringement or patent litigation issue‚ please contact us.