Patents

A patent is a grant made by a government to the owner which provides the exclusive right to make, use and sell the invention for a term of years. While there are several areas of technology suited to patent protection, such as mechanical inventions, electronics, chemical formulae, systems and methods, all patents provide the patentee with the right to exclude all others from using the invention or subject matter claimed in the patent. The claims in a patent define the boundaries of that intellectual property. Drafting claims to be as broad as possible without crossing the boundaries of existing prior art is an art not a science. Collen IP will assist you in obtaining a patent with well-defined boundaries for your intellectual property.

To be granted a patent by the USPTO, the invention claimed must be useful, novel and non-obvious to someone skilled in that particular art. The process of obtaining a patent from the USPTO is referred to as Patent Prosecution. There is always a time limitation for activities during patent prosecution and some start even before filing an application. Collen IP will inform you of all these time limitations and requirements during patent prosecution.

The use of a patented invention by a non-owner without authorization from the patent owner may constitute patent infringement. Collen IP has extensive experience enforcing a patent owner's rights and defending against infringement claims.

The validity of a patent may be challenged. There are numerous methods to challenge a patent within the USPTO and within the courts. Collen IP understands and will explain the various methods available including those which will soon become effective as part of the recently passed America Invents Act.