Patent Prosecution & Counseling
From patentability assessments to preparation and worldwide filing of patent applications, we work with our clients to develop a prosecution strategy best suited to the their needs.
Patent Prosecution
A utility patent protects the functionality of an invention consisting of a process, machine, manufacture, or composition of matter. It gives the owner the right to exclude others from making, using, or selling a product that practices the claimed invention.
A design patent protects the ornamental configuration and/or surface decoration of an article of manufacture. It gives the owner the right to exclude others from making, using, or selling a product so resembling the patented design that an ordinary observer might be deceived in purchasing the infringing article.
McHale | Slavin has extensive experience in all areas of utility and design patent prosecution & counseling, addressing matters before the U.S. Patent and Trademark Office (USPTO) and other patent offices throughout the world. Our firm handles patentability assessments, preparation of all types of patent applications, inventorship determinations, post-grant proceedings, licensing & assignments, and IP due diligence. We work with our clients to develop prosecution strategies best suited to the client’s needs, potentially including a worldwide patent strategy.
Our firm’s experience in intellectual property law, combined with our knowledge of technical subject matter, enables us to develop successful prosecution strategies for both domestic and foreign patent applications. Our depth and breadth of technical background enables quick and correct grasping of complex legal and technological issues without burdening our clients with getting us up to speed.
Post-Grant Proceedings
After a patent issues, post-grant proceedings can be a key component of patent protection as a tool to correct patents and to confirm or challenge the patentability of issued patent claims.
Post-grant proceedings, including ex parte reexamination or inter partes review, can offer an alternative to federal court litigation, or cooperate with ongoing litigation, in challenging or strengthening patent validity at the Patent Office.
McHale | Slavin has extensive experience advising clients as to the prosecution and protection of both U.S. and foreign utility and design patents, and is ready to handle all aspects of post-grant proceedings. We have the expertise to advise our clients on the advantages of post-grant strategies and prosecute such actions to successful conclusions, or act defensively to protect our clients’ patent rights.
