PATENT PROSECUTION AND PATENT FILING

Patent Drafting Services

Our Dallas patent prosecution attorneys understand how important your patent(s) or patent portfolio(s) are in securing your right as a marketplace leader.  Our attorneys offer a range of intellectual property services that focus on electrical, mechanical, optical, and computer hardware and software arts. We regularly assist our clients with the strategic procurement and management of their intellectual property assets domestically and internationally. Our practice comprises the preparation and prosecution of patents in areas including: computer software and hardware; internet and e-commerce; business methods; communications; electrical, electro-mechanical, and other mechanical disciplines. For an overview of the patenting process, view the Patent Process Life Cycle and see our Sample Patent Invention Disclosure Form.

What Are The Different Types of Patents? 

The United States Congress defines the type of inventions that patents can protect. There are three main types of patents, and each is described as follows:

• Utility Patent: A utility patent is a technical document that teaches the public how to use a new machine, process, or system. A utility patent can be any of the following:
• a functional, utilitarian device or formula;
• a business method or steps of conducing a novel business concept; or
• a software directed to a novel computer task or function.

The basic parts of patent applications include the background, specification, claims, and drawings used in describing a new machine, method, or system; For more information on the utility patent patenting process, see our Overview Of The Patenting Process. 

• Design Patent: A design patent protects an ornamental design on a useful item. Unlike a utility patent, a design patent only includes one claim: "I claim: the ornamental design as shown." It is the ornamental design that defines the protectable patentable subject matter of a design patent. A design patent does not cover the functionality of the claimed invention, but rather a design patent protects the "the look" of the patented item; and

• Plant Patent: Plant patents protect novel kinds of plants produced by cuttings or other nonsexual means. 

Design patents typically are not published. The United States Patent and Trademark Office (USPTO) is relatively quick to respond, given design patents are limited to specific ornamental drawings. However, utility patents are often more complex given the variety of written claims involved and can take many years for the USPTO to provide a formal office action.  In addition to our patent prosecution practice described above, our patent lawyers regularly advise and represent our clients on many post-issuance methods, in particular post-grant reviews, inter parties reexaminations, intellectual due diligence reviews, and international patent filings.

What Are The Steps For Filing A Patent?

The steps you must follow in the patent process are the following:

• Received a Patent-ability Opinion: Using a patent attorney, you conduct a search to understand the prior art to your invention. Prior art is simply any evidence that your design is already known;
• Prepare and Submit a Patent Application: Prepare and file a patent application for your invention that meets the USPTO's enablement, written description, and best mode requirements. A valid patent application must be sufficient to enable another person to make and use your invention. 
• Engage in Patent Prosecution: Patent prosecution is the process by which patent attorneys and the USPTO communicate. After the submission of a patent application, you probably will receive an office action from the USPTO. During patent prosecution, patent claims can be modified, provided they do not add new matter. You may also need to file requests for continued examinations or appeal any patent refusals at this stage.
• Pay an Issuance Fee, or, if rejected, Appeal, Abandonment, or file a Continuation: A successfully prosecuted patent will result in an allowance notice and a request to pay the issuance fee. Suppose the patent applicant is unable to convince the USPTO to accept the patent, the applicant may appeal the examiner's decision. The application would need to be abandoned altogether or file a continuation to continue the examination process. A continuation in part may, in some cases, allow you to add new matter to overcome prior rejections. 
• Periodic Maintenance Fees Payments: Patent maintenance fees are due at 3 ½, 7 ½, and 11 ½ years following issuance of a patent- failure to pay any maintenance fees when due will result in the patent becoming abandoned.
  

Dallas Patent Prosecution Lawyers

Our Dallas patent prosecution attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful patent prosecution or litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. Our patent lawyers represent clients in patent prosecuting and patent infringement throughout the United States, including the U.S. District Courts for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas.