Patent Protection for Your Innovations

Achieving a patent for your valuable idea or invention provides exclusive rights to use, market and sell your invention in the United States. A company’s patent portfolio is often the cornerstone of its competitive advantage in the market.

Patents are Classified into three Types:

  1. Utility patents– For inventions that provide a new functionality. These patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter. This also includes any new and useful improvement thereof;
  2. Design Patents– For articles that have a new shape, appearance, or aesthetic. These patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
  3. Plant Patents– These patents may be granted to anyone who invents or discovers (and/or asexually reproduces) any distinct new variety of plant.

MDK Law now provides a broader range of Intellectual Property expertise which includes patent acquisition and protection through our Of Counsel relationship with Attorney J.D. Houvener of Bold Patents Law Firm.   J. D. Houvener, of Bold Patents, provides patent acquisition, prosecution and infringement support/opinions.

Our firm can provide you with the following patent-related services:

Patentability Search Opinion

A patent must be useful, novel and non-obvious.   Our patent search opinion services will help you determine the patentability of your idea or invention by providing you with a thorough patent availability search and a written opinion and recommendation for next steps. The opinion discusses the likelihood of success achieving a patent from the United States Trademark Office (USPTO).

Provisional and Non-Provisional Applications

Depending on your existing situation, we can provide legal support as your patent attorney of record throughout the provisional and non-provisional patent application filing process. Your Patent Attorney will draft the full written description, all necessary patent drawings, and claim sets. A provisional patent application allows you to begin securing your patent rights while the more detailed and lengthy non-provisional patent application is the first step towards the obtaining a patent registration.

United States Patent and Trademark Office (USPTO) Office Actions

During the application process, patent applications can run into challenges with Patent Examiners that may result in an office action which could jeopardize your application. We can provide representation as your attorney of record to respond to any outstanding USPTO office actions to protect your filing status.

Patent Trial and Appeal Board (PTAB) Representation

During the application process, your application is vulnerable to Patent Examiner adverse decisions that could result in denial of your application.   The PTAB conducts trials and hears appeals from adverse examiner decisions in patent application and reexamination proceedings.   Our firm can prosecute and defend your application before the Board to help you protect your application and clear the way for eventual registration.

Infringement Analysis/Opinions

We offer expert analysis and counsel regarding potential conflicts with existing uses in the marketplace. Whether your patent is being infringed on, or you have been accused of infringement, we will provide you with the information you need regarding the legal merits.

Validity Opinions

We offer in-depth opinions on patent claim sets to determine whether the patent would hold up in federal court given the current state of the law. This is a necessary step prior to bringing suit, and is in conjunction with an infringement opinion (see above).

Litigation Support

Our litigation team can provide you with cost effective and skillful representation in legal actions brought against your intellectual property in various jurisdictions in Western Washington.