Services

Before recommending filing for a patent, we thoroughly assess your invention in three ways: 1) technically feasibility; 2) patentability; and 3) commercial viability.   Too often, inventors rush to file for a patent before it is ready.  We assist in thoroughly evaluating your invention so that you make a decision that is right for you. 

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1.  Technical Feasibility.  We ask the tough questions: does it work, or are there technical bugs that need to be worked out?  Is there a practical way to manufacture it, or are design changes needed to ensure manufacturability? Are there alternative embodiments of your invention that need development, e.g. different materials, sizes, uses, etc.?  These issues need to be address prior to filing a patent application and solutions to seemly "minor" hurdles and alternative designs often comprise the core patentable feature. Making changes after filing your patent application requires a very expensive refiling process.  If you absolutely must get an immediate filing date because of a public disclosure, we can assist you in filing a quick "Provisional" patent application, which give you a one-year period during which you will be able to file updates to your design.     

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2. Patentability. Once your invention is complete, we will consider whether it is patentable.  The Patent Laws have many legal requirements that need to be met before a patent granted.  This analysis requires an understanding of the scope of the patent claim that you will be seeking.  A patent claim is a single sentence describing the novel essence of your invention.  Once the scope of the patent claim is determined, we will explore whether there prior art disclosing the same or nonobvious variations of your invention.  There are many other patentability questions to consider.  Does your invention comprise eligible subject matter, or is it too abstract?  Have you "reduced the invention to practice" by building a prototype, or writing down an "enabling" disclosure?  Have you disclosed your invention publicly?     

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3. Commercial viability.  Is there a market for your invention? Can your invention be produced and sold a reasonable price?  Are there regulatory or safety considerations that need to be addressed before the product can be sold?  Some of these questions may be outside the scope the our law practice, but we can guide you through these issues as you build a business case for investing in a patent. We can refer you to our network of expert outside business advisers when needed.      

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