Understanding the search report

Greigg & Greigg PLLC can provide the client with a patentability search report on an invention, which is the first step in evaluating whether the client’s disclosure is patentable. If deemed to be patentable, we strongly suggest preparing and filing the patent application.  Our research provides the client with concrete evidence for a decision on what strategy to take next, either file for patent protection or decline to do so.

We advise on matters of infringement and patentability, so that clients fully comprehend their legal options. The personnel of our firm understand the complexity of the laws and statutes of patent and trademark law and works to bridge that gap between our clients and this complex field by offering our experienced legal guidance.

Patent Prosecution

Legal counsel for the entire application process

Patent prosecution is the process by which businesses, corporations, and/or individuals apply for patent protection with the U.S. Patent and Trademark Office (USPTO).  During the process, an applicant is required to submit an application to the USPTO for evaluation by an appointed Examiner against the state of the art in that field of technology throughout the duration of pendency of the application. It is in this process that our counsel could be invaluable.

The formal process involves various stages:

• Preparing and Filing the Application
• Patent Prosecution
• Issuance/Patent Grant

The communication between an applicant and Examiner is a vital part of the success of the application.  The applicant is best served by a familiarity or understanding of the process.  This is marked by the ability to respond to the Examiner’s objections and requests while adhering to the laws. The examiner will evaluate the invention for its novelty or obviousness based upon its interface with prior art patents and publications.

Greigg & Greigg PLLC partner with our clients during the patent application process to ensure that they are fully compliant with all legal requirements.  A significant portion of our legal service centers on preparing and filing patent applications, docketing USPTO office actions and preparing and filing responses to those actions.  While our firm has a particular focus on mechanical inventions, we also handle other types of applications, such as design patent applications.

Patent rejection appeals

Sometimes during the course of the patent prosecution process, the examiner may cite prior art that he or she believes poses an insurmountable obstacle for the application to receive favorable action. When we disagree with that conclusion regarding what is obvious and what is not, we may recommend an appeal.  Differences in theories between the patent Examiner and applicant’s attorney are not uncommon, and the patentability of the invention hangs in the balance.   In these cases, the applicant dissatisfied with the examiner’s conclusion is entitled to legal recourse in the form of an Appeal.  Greigg & Greigg PLLC represents clients during this process and assists them in arguing to the tribunal those novel and inventive factors that distinguish their disclosure.