A patent is an exclusive right granted by a patent office to an inventor or owner of the invention. It is an intellectual property title that confers the legal right to exclude others from making, using, selling or importing the invention without the consent of the patent holder. Patents are granted for inventions that are new, have an inventive step and are susceptible of industrial application.
A patent attorney is a legal professional specialized in matters related to patent protection, registration and defense. They have expertise in intellectual property law and experience in the prosecution of patent applications and legal representation in patent disputes. Its main objective is to help inventors and patent holders secure and protect their intellectual property rights.
Services that a patent attorney can provide include:
- Patentability search and analysis: Perform exhaustive searches in existing patent databases to assess the patentability of an invention. Analyze the novelty and non-obviousness of the invention in comparison with existing technologies.
- Drafting and filing patent applications: Assist in drafting and filing patent applications with the appropriate patent office. Work closely with inventors to describe the invention clearly, accurately and completely, and present the legal claims that define the protected aspects of the invention.
- Management of patent processes: Provide advice and assistance throughout the patent application prosecution process. Respond to patent office actions, overcome objections and make amendments to obtain the patent grant.
- Infringement assessment and freedom-to-operate analysis: Perform patent infringement analysis, assessing whether an invention or product infringes the patent rights of others. Perform freedom-to-operate analysis, determining whether a proposed invention can be used without infringing existing patent rights.
- Patent litigation and defense: Represent clients in legal actions related to patent infringement. Preparing lawsuits or legal defenses, seeking injunctive relief, negotiating licensing agreements and defending clients’ patent rights in litigation.
- Patent portfolio evaluation: Perform patent portfolio evaluations and analysis, helping clients assess the strength and commercial value of their patents. Provide strategic recommendations on the acquisition, sale or licensing of patents, as well as on patent portfolio management.
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