Huntsville Patent Lawyer for Infringement, Patent Litigation & More
If your company has developed an innovative product, you likely want to do everything you can to maximize the value of that product. One of the strongest and most effective ways to do that is through patent protection. A patent gives its owner the exclusive rights to the invention covered by the patent for a certain period of time — in other words, a time-limited monopoly that confers a significant commercial advantage on the patent holder. A Huntsville patent lawyer at AdamsIP can help your company obtain and defend those rights through patent prosecution, counseling, and litigation.
Patent prosecution is the process by which an inventor obtains patent protection for his or her invention. While you don’t necessarily always need an attorney to handle patent prosecution for you, the process is technically complex, and mistakes can be time-consuming and costly. A better option would be to hire a Huntsville patent lawyer who has significant experience prosecuting patent applications at the United States Patent and Trademark Office (USPTO) and can help you maximize your chances of successfully obtaining a patent.
What Can Be Patented?
The scope of patent protection is vast. Patent protection is available for any “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” This includes virtually all of the output of human ingenuity, including machines, industrial processes, chemicals, pharmaceuticals, and computer code, among many others. The only types of inventions that do not qualify for patent protection are those that involve the use of abstract ideas, laws of nature, and natural phenomena.
Requirements for Obtaining a Patent
There are three main requirements of patentability. Every patent applicant must demonstrate to the USPTO that his or her invention is new, useful, and non-obvious. A new (or “novel”) invention is one that is distinct from all other inventions that came before it — known as “prior art” — including inventions that are patented, described in printed publications, or on sale to the public. A useful invention is one that has a specific and substantial utility for a particular purpose (this requirement is usually easily met. A non-obvious invention is one that is more than an obvious improvement on the prior art.
Venturing into the world of patents comes with a certain amount of risk and benefit. Any company that does so will need a coordinated strategy to avoid the risks and maximize the benefits. As such, the advice and counsel of an experienced patent attorney is essential. Every Huntsville patent lawyer at AdamsIP takes the time to make sure that they truly understand their clients’ business so that they can propose creative IP solutions to help them achieve their goals. Our attorneys offer a wide range of patent counseling services, including patent searches and opinions, patent portfolio management, and patent licensing and agreements.
A timely and well-executed patent search undertaken prior to the patent prosecution process can save a lot of headaches — as well as a lot of money — down the road. This is because a patent search can reveal the existence of patents and other prior art that could stop a patent application dead in its tracks. It helps to have this information in hand before getting to the patent office because it allows patent applicants to design their products and draft their patent applications so as to avoid the prior art.
Ask any lawyer virtually any question about the law and the answer will almost always start with “it depends…” The same holds true of patent law. There are many questions patent applicants and patentees have that could significantly affect the future of their businesses. For example, should you try to get patent protection on a certain invention? How difficult would it be even if you tried? What are your competitors doing, and how could that affect your patent strategy? When these questions arise, you should turn to a patent attorney who can evaluate your situation and issue one or more of the following opinions:
- Freedom to operate
A well-researched patent opinion from a Huntsville patent lawyer can give you the clarity you need.
A Huntsville Patent Litigation Lawyer is Here to Protect Your Finances and Reputation
Patent infringement — the most common patent litigation matter — is a serious issue. For patent owners, it can result in significant monetary losses and harm to their reputations. For those accused of infringement, the potential damages from a verdict of infringement can put their businesses on the line. If you suspect someone is infringing your patent or have been accused of patent infringement, you will need a skilled Huntsville patent litigation lawyer to devise a litigation strategy that will deliver a win.
Patent Infringement and How to Avoid It
Patent infringement occurs where a third party makes, uses, sells, offers for sale, or imports into the United States a product that is covered by a patent without first obtaining a license or permission from the patent owner. To avoid patent infringement, it is a good idea to obtain a freedom to operate opinion from your patent attorney before launching a product. If you absolutely must use a patented component in your product, have your patent attorney contact the patent owner to negotiate a license.
The Stages of Patent Litigation
A patent infringement lawsuit begins when the patent owner files a complaint outlining his or her general claims against the defendant. The defendant may then respond, either admitting or denying each of the plaintiff’s allegations. Next begins the discovery process, wherein each side exchanges documents and interrogatories, takes depositions, and discloses the identity of their expert witnesses. After discovery, the court will hold a claim construction hearing, wherein each side proposes its preferred definitions of relevant patent terms to be litigated in the case, and the court will either accept one side’s definition or propose its own definition. At trial, each side argues its case, presenting evidence and examining and cross-examining witnesses. At the conclusion of the trial, the jury will render a verdict, at which point the losing party may appeal its case to the United States Court of Appeals for the Federal Circuit and then to the Supreme Court.
Contact a Huntsville Patent Lawyer for More Information
Patent law and strategy are complex, and the costs of mistakes can be catastrophic. To maximize your chances of long-term success, please contact a Huntsville patent lawyer at AdamsIP by calling 251-289-9787 or by using our online contact form.
810 Regal Dr SW
Huntsville, AL 35801