Patent
A patent serves as protection for an invention. Patents grant exclusive rights to the owner to make, use, or sell the claimed invention. Utility and plant patents are generally valid for 20 years from the filing date. Design patents are valid for 15 years from the date of grant. The majority of patents we secure for our clients are issued by the United States Patent and Trademark Office. However, we also provide assistance for obtaining protection in other countries if desired.
Securing a patent involves a meticulous application process, requiring a demonstration of the invention's novelty, usefulness, and non-obviousness. A granted patent offers inventors a competitive edge in the marketplace. This makes their inventions more attractive to investors and opening doors to licensing and commercialization opportunities. We provide you comprehensive guidance and assistance with applications, enforcement, and other intellectual property matters.
Patentability/Prior Art Search
We strongly recommend that inventors undergo a patentability search (prior art search) before initiating the application process. This involves reviewing existing patents, patent applications, and sometimes other publications to assess the novelty and non-obviousness of an invention. Through a patentability search, inventors can better gauge the likelihood of obtaining a patent. This allows them to make informed decisions about proceeding with the application. Additionally, it aids in identifying potential risks of infringement and guides the drafting of patent claims. Fox Law Group is well-equipped to conduct a thorough patentability search, offering valuable insights into the patent landscape specific to the inventor's field of technology.
Freedom to Operate Analysis
A patent provides its owner the exclusive right to prevent others from utilizing the claimed invention. However, it doesn't inherently bestow the right to manufacture, use, or sell the invention in the market. As a company prepares to launch a new product, the persistent risk exists that a competitor with a comparable patent or one covering a vital aspect of the product could hinder or substantially limit its commercialization. This underscores the critical importance of considering Freedom to Operate Analysis for companies seeking to reduce the risk of infringement liability.
Securing a Freedom to Operate Analysis offers significant advantages for companies of all sizes. Primarily, it serves as a crucial defense against accusations of willful infringement, reducing the potential for treble damages imposed by competitors. Additionally, it addresses investors' apprehensions regarding a product's marketability by mitigating litigation risks. In fact, many investors commonly stipulate this analysis as a prerequisite for investment. Moreover, if the analysis reveals patents with high-risk implications, a company's research and development teams can strategically navigate product design to avoid potential conflicts.
Licensing and Other Agreements
Through an array of transactional and licensing services, we facilitate business decisions that enhance revenue, reduce expenditures, optimize patent portfolios, and pinpoint opportunities and gaps. Our representation spans both patent licensors and licensees across the entire licensing cycle. This encompasses asset assessment, strategy development, negotiation and agreement crafting, and the effective establishment and management of relationships. When conducting patent due diligence, our attorneys bring a unique qualification to assess a patent's coverage, validity, and enforceability. We also scrutinize key competitors and their patents. Reveiwing existing licensing agreements and disputes, government rights, and the existing know-how among key employees.
Our expertise extends to a diverse range of patent-related agreements. Additionally, we offer due diligence and other IP-based support for various transactions. These include asset purchase, mergers and acquisitions, assignments, licensing, technology transfers, manufacturing, supply agreements, media and web arrangements, and non-disclosure agreements.
Post Grant Review Proceedings
A post-grant review (PGR) is a trial proceeding designed to assess the patentability of one or more claims within a patent. This review initiates when a third party, distinct from the patent owner, files a petition within nine months of the patent being granted or reissued.
PGR proceedings offer expedited and cost-effective avenues to challenge issued patents, either prior to initiating court proceedings or concurrently. Our attorneys have extensive experience handling various proceedings. These include inter partes reviews (IPR), covered business method (CBM) reviews, post-grant reviews (PGR), ex parte reexaminations, and supplemental examinations before the Patent Trial and Appeal Board (PTAB). We represent both petitioners challenging patents and patent owners throughout these processes.
Litigation
While our primary objective is to help clients avoid litigation, we stand well-prepared and ready to engage in legal proceedings when necessary. Fox Law Group leverages extensive experience and a strong team to navigate all phases of litigation. We develop comprehensive strategies for both patent holders and accused infringers. Our services cover pursuing and defending preliminary injunctions, conducting global discovery, managing judicial and administrative proceedings across multiple countries. In addition to presenting arguments before the Federal Circuit, the United States Patent and Trademark Office (USPTO), and the United States International Trade Commission. We adeptly handle complex litigation's and are well-equipped to defend against various non-practicing entities. Moreover, our expansive network of esteemed attorneys worldwide enables us to collaborate with clients in safeguarding their interests across international jurisdictions.