Services
Patent Prosecution
Patent Application Drafting and Filing
If your invention meets our rigorous evaluation process, we will prepare, file, and prosecute your patent application in the U.S. Patent and Trademark Office, and abroad if needed.
The U.S. Supreme Court has stated that a patent is one of the most difficult legal instruments to write. At Intelligent IP your patent will be written by an expert who has written and prosecuted over a thousand patents for hundreds of inventors. The claims of your patent are the key to its success. If the claims are too broad, they will read on the prior art and your patent may be invalid because it covers the prior art. If the claims are too narrow, your patent will be of little value since an infringer could easily design around the claims. The claims must be carefully drafted to weave around the prior art so that it meets the "novelty" requirement (does not exactly describe something in the prior art), and also meets the "nonobviousness" requirement; that is, while novel, it is not just an obvious variation of what is in the prior art, singly or in combination.
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In addition to carefully drafted claims, your patent application must contain a full description of your invention. It must fully support the claims, and must be "enabling," not leaving out any important detail that would enable one to practice the invention.
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Patent Prosecution
After your patent application is filed, the US patent Office will assign a Patent Examiner to determine if your invention meets the legal requirements including those discussed above, such as novelty, nonobviousness, support for the claims, and enablement. Patent Examiners almost always find some basis for rejecting patent applications. It usually takes 1-2 years of legal arguments back an forth with the Examiner to convince the Examiner to issue a patent. Rejections by Patent Examiners can be Appealed in Federal Court and, if necessary, to the U.S. Supreme Court.
