During the research and design of new inventions, there can be questions as to what aspects of the new invention might be patentable? What should our strategy be? How many applications would cover the patentable aspects? Our firm can perform an early stage invention analysis to provide some valuable data for strategizing the most effective use of our client’s IP resources. We can help determine what types of applications should be filed and what the contents should be. We can also review the manufacturing plans to further strategize international filing plans to develop a schedule and budget for international IP protection.
Patent searching and patentability opinions are sometimes requested by our clients during an early stage invention analysis. Patent searching can also be requested to accompany an attempt to invalidate an existing patent, where we would search patent and publication databases in an attempt to find prior art that was missed by the searching performed by the USPTO.
When a client is concerned with possible infringement of an enforceable patent, we can review the concerning patent and provide an opinion on whether there could be a case for infringement, or how to design-around a patent to avoid infringement. We can respond to Cease and Desist letters which assert patent infringement and help negotiate various types of settlements when necessary, to avoid patent litigation.
When a client is concerned that someone is infringing their patent, we can review the alleged infringing product and determine whether there could be a case for infringement. We can draft and send Cease and Desist letters and correspond with opposing patent attorneys regarding the allegations of infringement. We can then pursue a settlement or engage litigation counsel to institute litigation against the infringer. We can then help guide our client through the litigation process alongside litigation counsel.
During the acquisition of a company with an IP portfolio, we can review the contents of the IP portfolio to determine the validity, enforceability, and ownership of each patent/application as a part of the due diligence in the purchase of the assets of the company. We can also draft and file the various assignment documents that are necessary to evidence the transfer of ownership of the patents/applications with the USPTO.