Georgia Patent Attorneys
Enforce Your Intellectual Property Rights
Georgia is a thriving place for inventors and entrepreneurs. But turning a smart concept into a marketable product is only the first step. To keep your edge in the market, you must protect your intellectual property. Our Georgia patent attorneys have the technical and legal expertise needed to secure your best innovations. We blend scientific knowledge with strong legal strategies to handle the complex world of intellectual property law.
How Patents Protect Your Inventions
The dictionary defines “patent” as an official document conferring a right or privilege. According to the United States Patent and Trademark Office (USPTO), a U.S. patent allows the inventor to prevent others from making, selling, offering for sale, using, or importing an invention. It does not grant the holder the right to do these things, but rather the right to stop others from doing them.
What Types of Inventions Can Be Patented?
The following three types of patents are available:
- Utility patents are the most commonly granted by the USPTO. They protect processes, manufactured articles, machines, and compositions of matter. Compositions could include chemical compounds or mixtures with unique properties. Utility patents cover how an invention works and what it does.
- Design patents: Intellectual property protection for inventions of new, original, and ornamental designs for manufactured articles. Design patents protect the aesthetic aspects of items with practical functions, such as containers, furniture, and textiles.
- Plant patents: These patents protect inventions or discoveries and the asexual reproduction of new, distinct varieties of plants. Common examples of patented plants include new varieties of roses, disease-resistant fruits, and drought-tolerant grasses.
The laws of nature, abstract ideas, or suggestions cannot be patented. To be eligible for a patent, an invention must meet the following criteria: 1) It must be usable and actually work in practice as well as in theory; 2) it must come with a clear description of how the invention can be made and used; 3) it must be novel or new (not done before); and 4) it must be not obvious (sufficiently different from previously patented inventions).
How Long Do Patents Last?
The duration of patent protection depends on the type of patent. Plant and utility patents are good for up to 20 years from the date of filing of the first non-provisional application. Design patents are valid for 15 years from the date of being granted. To keep utility patents in force, holders must pay fees according to a set schedule.
Comprehensive Patent Services
Our firm offers legal services tailored to the patent needs of inventors and businesses in Georgia. Contact us now to find out how we can support your innovations.
Patent Search and Clearance
Before investing capital in developing a new invention, it is important to know whether it is patentable. A patent search is a fundamental step to assess originality before pursuing a patent. It involves a thorough investigation of prior art (publicly available information) to determine whether an invention is new. We conduct exhaustive searches of global databases to identify any existing patents, products, or publications that could impact your ability to obtain a patent.
Our seasoned patent attorneys can also provide freedom-to-operate opinions (FTOs). This type of legal opinion from an intellectual property lawyer can serve as a preemptive measure in defending against allegations of willful infringement in patent litigation. An FTO opinion can minimize investor concerns by minimizing litigation risk.
Application Drafting and Filing
Preparing the application is the first step toward securing a patent. This formal, legal document must describe your invention in a way that satisfies the requirements of USPTO and articulate exactly what the invention is, what makes it novel, how it works, and what legal protection you are seeking.
Successfully drafting a patent application requires a combination of legal precision and technical expertise. We tailor an application to the specific invention and the applicant’s goals. The way it is crafted determines the scope, strength, and enforceability of your intellectual property rights. Our attorneys work closely with your technical team to fully comprehend the nuances of your invention, and meticulously prepare drawings, specifications, and claims.
Patent Prosecution and Examiner Negotiation
The patent application process is very rarely completed with a single submission. Almost certainly, the examining attorney will issue Office Actions with objections to or rejections of your claims. These official communications may address issues such as clarity, completeness, and patentability. They may require amendment of claims or additional information. If you fail to respond adequately within a specified timeframe, the application could be abandoned.
To overcome examiner objections, we can present legal arguments and precise technical amendments, advocating on your behalf through the prosecution phase. Our attorneys can conduct direct interviews with examiners and present compelling evidence of your invention’s novelty and non-obviousness.
Enforcement and Litigation
Patent protection grants negative rights, or the right to stop others from using your invention. Enforcement by patent holders involves legal action to stop infringement and seek remedies such as injunctions or monetary damages.
Decisive legal action may be required when competitors infringe upon your intellectual property. Our patent attorneys can send cease-and-desist letters, negotiate favorable settlements, or pursue litigation in federal court. If someone falsely accuses your company of patent infringement, we can mount a vigorous defense to invalidate the opposing patent when legally possible and protect your business operations.
Portfolio Strategy and Management
It takes ongoing vigilance to effectively manage a large patent portfolio. We help companies develop cohesive intellectual property strategies aligned with broader financial objectives. Our services include portfolio audits to maximize the value and effectiveness of intellectual property. We can draft and negotiate complex licensing agreements to generate revenue. Our legal team can also track maintenance fee deadlines to prevent your patents from expiring prematurely.
Georgia Industries We Serve
Intellectual property has become an integral asset throughout Georgia’s most dynamic economic sectors.
Our experienced patent attorneys can serve clients in various industries, including the following:
- Software and information technology: We can help protect user interfaces, complex algorithms, and software-as-a-service platforms.
- Mechanical engineering and manufacturing: Our attorneys can draft patents for automotive components, heavy machinery, and advanced materials.
- Biotechnology and medical devices: Our legal team can help secure intellectual property rights for diagnostic methods, surgical instruments, and pharmaceutical compositions.
- Agriculture and food science: We can assist agribusinesses in protecting new food processing techniques, plant varieties, and farming equipment.
How the Patent Process Works
The federal patent process consists of a series of detailed and demanding legal steps.
We can guide you through each of the following, so nothing is left to chance:
- Invention disclosure and evaluation: You share your prototypes, technical blueprints, or conceptual designs under strict attorney-client confidentiality. We evaluate the commercial potential and patentability of your concept.
- Prior art search: Our legal team conducts a thorough search of existing patents and public disclosures to help ensure you do not waste valuable resources on an invention already in the public domain.
- Application preparation: We can draft this extensive documentation with claims that are specific enough to overcome prior art rejections, yet broad enough to prevent workarounds.
- USPTO examination: After submitting your application, our firm continually monitors its progress, actively responding to all inquiries and legal challenges from the examiner assigned to your case.
- Issuance and post-grant maintenance: The government issues the official patent upon approval. We can continue to monitor the asset, manage maintenance fee schedules, and defend your patent against any challenges.
Legal Protection for Your Intellectual Property
Do not leave your valuable innovations vulnerable to theft or unauthorized reproduction. Contact our Georgia patent attorneys at InPrime Legal today to discuss your technical developments and long-term business goals. We offer comprehensive legal services and representation for businesses. Call our office at (770) 282-8967 or fill out our online form to get started.