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Patent Licenses
Patent Litigation
Patent Searches
Contact Us
Daniel R. Richardson
Registered Patent Attorney
(800) 526-7974
email:
info@apatentlawyer.com
Richardson
Intellectual Property Law
Professional Corporation
870 Market Street, Suite 615 San Francisco, CA
94102 (415) 291-8900
In order to be
granted a patent by the United States Patent and Trademark
Office (or foreign patent office), you must first prepare
and submit an application for patent registration.
Such an application for patent registration must comply with
all of the laws of the United States or a foreign country.
I am experienced in
the preparation and submission of an application for patent
registration. I will prepare your application for
patent registration accurately, to your specifications and
professionally to give it the best chance for an issued
patent. [Back to Top]
Patent Prosecution
When an application
for patent registration is rejected and we then deal with
the rejection with both a factual and a legal argument, we
call this "patent prosecution".
After your
application for patent registration is submitted to the
United States Patent and Trademark Office (or foreign patent
office), it will be evaluated against the requirements for
issuing a patent as required by law. In many cases,
there will be some reason found by the application examiner
in the Patent Office for rejection.
When the
application is rejected, the Patent Office issues what is
called an "office action" stating the reasons for rejection
and allowing time for you to respond with your reasons for
why the application is either good for issue as submitted or
for why it would be good for issue if modified in some way.
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Patent Licenses
Most of the
inventors that I work with are not interested in either
manufacturing or practicing their invention. They just
want the money from having some other person or entity
producing or practicing their invention.
In this case, they
must negotiate a written license to both allow the other
person or entity to use or practice the invention and to
spell out the royalty that they will receive for allowing
them to use the invention.
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Patent Litigation
After you have a
patent issued to you for your invention, you have the right
to file a lawsuit ("litigation") against any person or
entity that is practicing your invention without your
permission. If their patent infringement is done
willfully with full knowledge of your patent, it is possible
you could get an award of three times the usual damages.
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Patent Searches
I've found through
years of experience in working with inventors that even if
they don't find the invention in the market, there can be
several reasons for this.
First, the invention may have
been patented before, but for a variety of reasons, either
never made it to market, or was taken off the market.
Second, even if the
invention was not previously patented, there are already one
or more close variations of it that have been patented, such
that it is unlikely the present invention will be able to
pass the "obviousness" standard required of new patents.
The only way to look
at these possibilities is to do a patent search of previously issued
or published applications for patents. [Back
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