Patent Law Specialists: Making the most of your assets.

Many law firms have a patent department that is “estranged” from the rest of the firm and remains uninvolved in the overall IP and business strategy endeavors. This results in a lack of contextual knowledge about your strategies, strengths, weaknesses, and other key insights into your business. Block45 Legal is your partner, focused on your goals and the future of your business in its entirety, not just one aspect cordoned off from the big picture.

The patent attorneys at Block45 Legal understand the business perspective, not just the legal aspects, of patent holdings. We’ll help you identify how you are different—and the value of your invention—within the marketplace.


 

Is Your Idea Patentable?

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According to the criteria set by the United States Patent and Trademark Office (USPTO), your idea must be new, non-obvious and useful. The patent attorneys at Block45 Legal can help you determine whether your invention or idea meets these criteria. 

Are you heading down the right path, legally? We’ll help you determine how a patent filing will move your business forward and how you will profit from it. We can also provide expert opinions as to whether any of your products infringe on anyone else’s patents. Very few patent attorneys are trained in corporate law in the way Block45 Legal is. This gives us the unique ability to look at the patent as an asset of the company.

Types of Patents

There are three types of patents: utility patents, design patents and plant patents. Plant patents are the most rare of the three types and apply to newly invented strains of plants or hybrids. Common examples include asexually reproduced apple trees, rose bushes and cannabis plants. 

The most common type is a utility patent. Utility patents cover:

  • Invention of a machine
  • Improvements on existing inventions
  • Discovery of a process or method
  • A manufactured product 
  • Or a composition of matter

The most common type is a utility patent. Utility patents cover:

  • Invention of a machine
  • Improvements on existing inventions
  • Discovery of a process or method
  • A manufactured product 
  • Or a composition of matter

Design patents protect the industrial design of an object, not the way it functions. Design patents protect:

  • Appearance of an object
  • An object’s configuration or shape
  • Surface ornamentation, such as a color and pattern

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Weighing the Pros and Cons of Patenting 

If you are looking for a way to prove ownership of an idea and maintain control of how your idea or invention is manufactured and used, a patent may be the right direction for you. A patent will also help ensure only you profit from your invention. Without the legal ownership that a patent provides, an inventor is not able to sell or license to a third party or derive royalties. Without patent protection, competitors would be able to copy your invention and even patent the idea before you do.

It’s important to note that the very act of applying for and receiving patent protection, results in the full disclosure of your idea. This information is public and can be viewed by anyone, including competitors. Our attorneys can help you determine if a patent will help—or hurt your business—and whether or not you are better off setting up a nondisclosure or adding provisions around a trade secret.

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Guidance through the patent application process

If you decide to apply for a patent, and we agree that your idea fits outside of what is claimed by previous patents, there are strategic decisions that we can guide you through, such as whether to file provisionally or non-provisionally. 

A provisional patent application will allow you to establish an early filing date for your patent and can be a helpful tool in protecting your invention. It allows you to utilize “Patent Pending” status. However, it must be followed with a non-provisional application within 12 months of the filing of the provisional application. 

Block45 Legal has special expertise in working through the objections a patent examiner may raise to part or all of the claims in your patent application. Many patent claim rejections or objections can be overcome by providing the examiner with greater detail—or it may require legal research and written arguments. We will be able to guide you through the objection process.


Patent Infringement

Once you are granted a patent, you have rights against any unauthorized infringement. If you believe someone is copying your idea as set forth in your patent, you have legal recourse. We can help you evaluate whether someone else’s product is infringing on your claims. If we confirm they are, we’ll take the necessary steps of notifying and negotiating with the other party in order to avoid a lawsuit. Block45 Legal will work closely with you to strategically navigate and negotiate any type of patent infringement.

Call us today for a free consultation.

You’ll be empowered by a greater understanding of your business, how we can help, where your intellectual property potential lies and what direction you should take. 

Contact us today for a free consultation at (720) 449-2963 or fill out the form below.