A United States Patent offers a patentee a government granted limited monopoly to restrict others from making, using, selling or offering for sale certain processes, apparatus, methods or compositions of matter. In order to apply for a United States patent, the application (which can be a company, a single inventor, or a collection of inventors) must prepare a detailed written description of the invention which will allow someone skilled in that particular art to recreate the invention without undue experimentation. We help guide you through the steps from realizing your idea, to searching to see if any third party has sought a patent for that idea, to writing a requisite patent application capable of leading to an issued patent. We likewise can assist in monetizing your patent through licensing or enforcement.
Patentability Opinions & Clearance Searches
Our team of Miami registered patent attorneys can assist you in performing detailed prior art searches through either term or classification searches in a variety of technical disciplines including chemical compositions, biotechnology, medical devices, mechanical inventions, consumer products, computer systems and business methods.
Once the detailed prior art search is completed we will prepare a patent analysis including comprehensive comparison of the prior art with your proposed invention. This provides an indicator of whether your technology is ripe for patenting or could present a challenge during review by the United States Patent & Trademark Office (“USPTO”).
A prior art search is not per se required in order to file a non-provisional utility patent application. However, it provides two benefits: (i) greater clarity of your invention and how it should be claimed when drafted by one of our patent attorneys, and (ii) a greater targeted collection of relevant references for the examiners at the USPTO to review during review of your application (this creating a stronger and more enforceable patent).
Patent Drafting & Prosecution
Got an idea? Got an improvement for an existing product? We can help guide you through the maze from realizing your idea to preparing a legally sufficient written and detailed patent application which sufficiently meets all of the filing requirements as set by the USPTO.
You will meet one-on-one with a Miami patent attorney to review your invention, how it works, and how to best propose the idea for patent protection before the USPTO. We will also assist in preparing formal drawings for submission and review by the USPTO in addition to a written specification of that invention. Our team of registered patent attorneys are always available to answer your questions and fulfill your goals.
We take care of it all. We help create start-up technology companies, assign your patent rights to your new start-up company, and prepare all of the necessary paperwork required by the patent office. Put simply, we make the process easy and transparent.
Patent (non) Infringement Opinions
After a launch of a consumer product, medical device, mechanical invention or a computer system, it may be important for you to determine whether your technology may infringe a third-party competitor’s issued patent rights. Our team of Miami patent lawyers can help prepare a freedom-to-operate opinion to identify whether such offering may infringe. This includes a two part comprehensive process. First, we review your offering and then perform a detail search of issued United States patents. Second, we compare those identified patents with the salient components of our invention to determine if there is any risk. Often, this second step will include a written opinion for purposes of defending against a future allegation of willful infringement. Freedom-to-operate opinions are one of the most valuable legal documents a technology company can possess.
We are often able to provide freedom-to-operate and related patent (non) infringement opinions at a fixed or semi-fixed cost – once the universe of patent references are known.
Patent (In)validity Opinions
Often, a consumer product developer, medical device company, manufacturer or seller of technology products may discover an issued patent (or series of issued patents) that may read upon their products. However, your company may believe that this patent should not have been granted because you and/or a third party had made, sold or offered for sale the technology well before the application which gave rise to that patent was filed before the USPTO.
This scenario may warrant a patent (in)validity opinion to be prepared. In this scenario, we will often again search USPTO for prior filed and/or issued patents. Once identified, we will review your evidence of prior use in addition to these patents and determine the potential validity of the issued patents.
Patent (in)validity opinions are often important for a patent holder, who has later discovered a patent reference that was unknown at the time of filing and prosecuting a patent application. This also may warrant an opinion, as well as related investigation.
Patent Licensing & Enforcement
Our team of Miami patent attorneys not only assists in the registration of your patented ideas, but also can help license, monetize and enforce a company or inventor’s issued patent rights.
Miami patent attorney Robert H. Thornburg has assisted numerous technology ventures with comprehensive and complex patent licenses to help strength their intellectual property portfolio and to allow for an added income stream. Conversely, he has helped in acquiring licensed rights for technology companies from existing intellectual property holders. This has included intellectual property escrow agreements, consulting agreements and related transactions.
Our licensing strategies offer our clients the ability create thorough, long-lasting and detailed rights in patents and other forms of intellectual property.