Patent Prosecution Attorneys in Dallas-Fort Worth

The Patent Consultation

At Norred Law, we start with a consultation. During this consultation, we try to get a good handle on the nature of your invention; ascertain that the invention is ready to be patented; and determine whether the invention should be protected by use of the Patent Cooperation Treaty in an international process or the usual process before the United States Patent & Trademark Office.

Our Dallas-Fort Worth patent attorneys will also go over the patent process and provide a written contract for you to evaluate. All work with our clients is governed by a written contract that outlines all of the expected expenses for the prosecution of the patent, from the application filing to the issue fee at the end of a successful prosecution.

The Patent Search

At Norred Law, the first step of patent prosecution is almost always a patent search.

It is important to conduct a patent search to:

• Ensure that we aren’t wasting your money
• Ensure that you are not infringing existing patents
• Write a better patent application

The result of a patent search is typically a two- or three-page letter that provides the keywords and results of our search. In this letter, we generally provide a “Freedom to Operate” opinion and our opinion on whether the patent prosecution process will be successful.

Filing the Patent Application

Assuming that the patent search provides a reasonable chance of success and a client wishes to continue, our firm then has to have all the details of the invention, including all drawings and bill of materials.

A patent application has several elements, including:

• Oath
• Specification
• Drawings
• Abstract
• Claims

To file at the least expensive level, an applicant must include a certification regarding entity size. Additionally, every application must be classified by subject matter – utility, design, or plant.

Provisional or Non-Provisional Patents

Patent applications can be provisional or non-provisional. Provisional patents are temporary place-holders that establish a date of invention and keep your place in line at the patent office. However, most provisional patents are not sufficient to perform the task, as they rarely have the full disclosure that is required.

You will have a “patent pending” from the point that the patent application is filed and should indicate as much on your products.

Responding to Patent Office Actions

After the application is filed, the Patent Office will take two to three years to respond, unless we file the application under an expedited program.

We are happy to update you on the expected time for the Office to respond, based on the number of patent applications in the category of applications before yours.

Applications are typically published for all the world to see at 18 months after filing. However, applicants can request either an early publishing date or to refrain from publishing the patent application until it issues. These are strategic decisions that you must make depending on your specific situation.

Eventually, the Patent Office issues what we refer to as the First Office Action, so designated because it is the first reaction from the Patent Office. You can expect movement on the application more quickly from that time. At this point, we respond to the First Office Action and maintain communication until we eventually receive a Final Rejection or a Notice of Allowance.

Patent Rejections & Allowances

After a Final Rejection, you can abandon the effort, file a Request for Continued Examination (RCE), or appeal the rejection. Applicants making money on their invention will tend to file an RCE, which gives the applicant additional opportunities to convince the Patent Office to give them a Notice of Allowance. Applicants not making money tend to abandon the endeavor. Appeals are rarer and cost more.

If the Patent Office issues a Notice of Allowance, you will have two months to pay an issue fee. You may also need to formalize a drawing or make minor changes in the claims to satisfy the Patent Office. The total is usually less than $1000 to complete the process.

At Norred Law, our Dallas-Fort Worth patent attorneys think there are few things more enjoyable than presenting a new patent to an inventor. Let us help you protect your patent so that you can relax during your patent processing experience.