As the patent system continues to change, it’s important to obtain strategic protection of intellectual property rights from experienced attorneys. Clients turn to RMSC² for expert counsel on all phases of patent law. Our expertise, reputation for personal service and flexible fee structure make us the smart choice for all legal matters pertaining to intellectual property.
RMSC² provides legal services related to:
Derivation Proceedings are a new trial proceeding conducted at the Patent Trial and Appeals Board (PTAB) to determine whether an inventor named in an earlier patent application derived the claimed invention from the true inventor; this proceeding is a safeguard to prevent another person from filing a patent before the true inventor.
Design Patent protects the ornamental appearance or aesthetics of a utilitarian object, device or apparatus− or a part of one− as contrasted with its functional aspects.
Ex Parte Reexamination allows a patent owner or third party to request that the USPTO reexamines a patent based on previous patents and publications (prior art), which must establish a substantial and new question of patentability. Once established, the USPTO central reexamination unit (CRU) reexamines the patent to determine whether it should be invalidated.
Industrial Design Registration is a vehicle by which a single design application can be filed to seek global protection.
Inter Partes Review is a new trial proceeding that takes place at PTAB to review the patentability of at least one claim in a patent on the ground that could be raised under novelty and non-obvious subject matter, only based on prior art containing printed publications or patents.
ITC 337 is a procedure to stop the importation of goods that infringe a US patent, trademark or copyright. If monetary damages are sought, a separate action must be brought in a United States District Court.
Patent Application, Preparation and Prosecution
Patent application preparation relates to the drafting of a description of the invention and patent claims relating to the invention, together with official forms and correspondence relating to the application. Patent prosecution is the process of “negotiating” or “arguing” with a patent office for the grant of a patent, and interaction with a patent office with regard to the patent after it is granted.
Several of our attorneys were patent examiners, with firsthand knowledge of what the Patent Office specifically looks for in an application.
Reissue is used to correct an error or defect in an issued patent where the error causes the patent to be at least partially invalid, such as an issue related to a claim that is too narrow or broad, has incorrect technical specifications, or incorrectly references priority documents.
Post Grant Review
Post Grant Review (PGR) is a new trial proceeding conducted at the PTAB to attempt to cancel a patent claim on any ground that could be raised under paragraph (2) or (3) of 35 USC 282(b) relating to invalidity (i.e., novelty, obviousness, written description, enablement, indefiniteness, but not best mode). A PGR will be instituted if a third party can show that it is more likely than not that at least one claim is unpatentable. We also provide Opposition Review services for Clients in European and Asian countries.
Supplemental Examination allows the patent owner to ask the USPTO to consider or correct any information the patent owner considers to be relevant and is primarily used to allow a patent holder to resolve issues related to inequitable conduct. If the USPTO finds that “a substantial new question of patentabilty” is raised by the request, ex parte reexamination of the patent is commenced.
United States District Court Patent Infringement Action
A District Court Action is the primary means for asserting one’s patent against an infringer and allows for injunctive relief and/or monetary damages.
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