The FAI US Patent Prosecution firm with USPTO representation provides US-based and global IP strategy and management including invention harvesting, searching, IP landscape analysis, drafting, filing and prosecution of patents, IP valuation, and worldwide IP management (renewals, register changes etc.).
Use our transatlantic patent team to protect your intellectual property all over the world. The team includes practitioner consultants registered to practice patent law and design law before the USPTO, UKIPO, EPO, EUIPO, WIPO and eligible to represent before the Unified Patent Court for the EU. We are ideally placed to handle your patent filing and prosecution in any country.talk to an IP specialist
we protect great ideas
Our clients operate in various industrial sectors (financial, retail, health care and biotech, education, manufacturing, semiconductors, transport, communications, construction, energy, mining, agriculture) and in a range of technological arts including optics, electronics, physics, biotech, software, mechanical, chemical, nuclear. In addition to established technologies in these sectors, we cover cutting edge technologies in the high tech sector, semiconductor manufacturing, and medical and pharmaceutical chemistry industries.
From Machine Learning to Makeup…
…from Resonance Imaging to Retail
Patentability & Novelty searches
Landscape Search & Analysis
Drafting, Filing & Prosecuting US Utility Non-Provisional Applications
Drafting, Filing & Prosecuting US Provisional Applications
Drafting, Filing & Prosecuting US Design Applications
Worldwide Patent & Design Filing & Prosecution
IP management & Renewals
APPLYING FOR A US PATENT
A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “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.
An invention cannot be patented unless the invention is:
- useful, and
There are different types of US patents:
- Utility patents protect the way an article or process is used and works
- Design patents protect the way an article looks
- Plant patents protect asexually reproduced plants
Both utility and design patents may be obtained on an article/product, where appropriate.
USA. For protection outside of USA see Worldwide Patents & Designs.
Typically between 1 and 4 years.
U.S. utility and plant patents are granted for 20 years from the date the patent application is filed.
Design patents are granted for 14 years.
Almost every country has its own patent law and the rights granted by a U.S. patent do not apply outside of U.S. jurisdiction. To protect your invention in other countries you’ll have to apply for a patent in each of those countries or in regional patent offices such as the European Patent Office. The process can be simplified by filing an international application under the Patent Cooperation Treaty.
- Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
- Patents may help deter competitors from enforcing their patents against you.
- “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
- Patents may help startups raise capital.
- As an intangible asset on the balance sheet, they can increase company valuations.
You may still be able protect your idea in the US, typically within 12 months. In foreign jurisdictions, this will no longer be possible in some countries. You need to act as soon as possible. We can help you maximize protection – contact us.
File my utility patent application later if I missed the deadline to claim national or foreign priority?
In some situations, yes. Contact us to determine if filing is still possible and the implications of doing this.
Refiling of a patent application is possible in some circumstances. Contact us to determine if you are eligible to refile and the implications of doing this.