01.
Utility patents
The standard application for new and useful processes, machines, manufactures, and compositions of matter. Drafted with continuation strategy in mind, so the family adapts as the product line does.
Practice Area
Patent Prosecution & Litigation
From a sketch on a napkin to a granted claim that holds in court.
The Practice
An overview of patent prosecution & litigation.
Patents are won and lost on the precision of the claim language. The firm's patent practice covers the entire lifecycle, from the first invention disclosure through the litigation that follows a granted claim. Both named partners are USPTO-registered. Both have spent careers in the work.
Scope of Work
The work the firm performs.
02.
Design patents
Ornamental-feature protection for products where the look is the value. Faster to issue than utility, often pursued alongside utility filings for layered coverage.
03.
Provisional applications
Establish a priority date for twelve months while the full utility application is prepared. The right tool when the technology is still in flux or the budget is staged.
04.
Office-action responses
Every prosecution involves at least one office action. The firm responds to § 101, § 102, § 103, and § 112 rejections with attorney argument, targeted amendments, and, where helpful, examiner interviews.
05.
Continuations and divisionals
A granted parent is the beginning of a patent family, not the end. Continuations and divisionals capture additional claim scope as the product line evolves.
06.
Patent litigation
Infringement and validity challenges, inter partes review at the USPTO, and trial work in Texas federal courts. Plaintiff and defendant representation.
Primary Authorities
The statutes that govern.
A selection of the federal and Texas authorities that govern this practice. The firm's work is grounded in primary law, not paraphrase.
- 35 U.S.C. § 101Patent-eligible subject matter
- 35 U.S.C. § 102Novelty requirement
- 35 U.S.C. § 103Non-obviousness requirement
- 35 U.S.C. § 112Written description and enablement
- 37 CFR § 1.102Track One Prioritized Examination
- MPEP § 2100Patentability examination guidance
Common Questions
Asked on first calls.
01.How long does it take to get a patent?
Utility applications average 24 to 36 months from filing to allowance. USPTO's Track One Prioritized Examination program can shorten that to under twelve months for an additional government fee of roughly $4,000.
02.Do I need a working prototype to file?
No. The USPTO requires only that the invention be described sufficiently that a person of ordinary skill in the art could make and use it. Many of our patents are filed before any working model exists, particularly in software and biotech.
03.What is the difference between a provisional and a utility application?
A provisional sets a priority date and gives you twelve months to file the full utility application. The provisional is never examined and never becomes a patent on its own; the utility application is the one that gets examined and granted.
Related Practice