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​​​​© 2019 by Arete Law A.P.C.

San Diego 

If you have an idea or invention, it is imperative you ensure it is protected. 

Trademark & Patent Work

Our team of business-minded Patent Attorneys works one on one with inventors to help them fully understand the patent process, determine their goals, and think strategically about how to the technology can be leveraged to get them there.  It is so easy to get lost in the technical details of invention and improvement and forget to take a step back and evaluate the market readiness for certain products or services.  It's the powerful combination of patentability and marketability that makes for a truly successful invention.

Why Obtain a Patent?

If you have an idea or invention, and you feel that it has value, it is probably worth protecting. The patent grant would provide the owner with “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. The first step in any legal process, is to research to see how your idea may best be written in order to secure your patent. A patent lawyer can assist you with this research and preparation needed to secure your patent.

 

Types of Patents

  1. Utility patents – These patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter. This also includes any new and useful improvement thereof;

  2. Design Patents – These patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

  3. Plant Patents – These patents may be granted to anyone who invents or discovers (and/or asexually reproduces) any distinct new variety of plant.

 

Enforcing a Patent

Once you have a patent there still may be future challenges. You have been granted a patent but you have the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent directly or with a reputable experienced patent law firm.

 

We offer the following patent services

  • Patentability Search Opinion

  • Provisional and Non-Provisional Applications

  • Office Actions

  • USPTO Appeals and Petitions

  • PTAB Representation

  • Infringement Analysis/Opinions

  • Validity Opinions

  • Litigation Support

What is a Patentability Search?

Numerous items that have received a patent may not be on the market, but still hold a patent. Essentially, a patentability search will go through every patent to see if there is anything either on the market or holding a patent that resembles your creation. After the search is complete, you will receive an opinion saying whether the idea is able to obtain a patent. A good majority of people attempt to do a search on their own, which works to get started, but it is recommended that you use professionals as they will be able to find more results than if you were to do it alone.

Not all patent applications will be able to receive a patent immediately, that is why it is important you do a search before filing an application. Going through the steps of obtaining a trademark, copywrite, or license on top of the cost of filing the patent may be all for nothing if the patent application will be rejected. However, once you have received your patent, having an experienced intellectual property team will make all the difference as it comes to growing your idea. Searching for a patent is just the first step, after that you will need to secure the patent and later may have a need for patent enforcement. Using outside help also has the distinct advantage of access to trade secrets and assistance that will provide invaluable down the road.