Practices - Intellectual Property

Patent Preparation & Prosecution

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Not all patents are created equal.

Many patent applications fail because the invention they were drafted to protect didn’t meet the core patentability requirements of novelty and non-obviousness, and others fail because of the quality of the patent application itself. Additionally, of the patents that do get granted, an even smaller percentage ever provides any commercial advantage or revenue for their owners. The question is, what can you do to:

  1. reasonably assess the patentability of your invention before initiating the patent process, and
  2. improve the likelihood of being granted a valuable patent?

DRM’s process yields high-quality patents.

Clearly, not all patents are created equal. If you believe your invention will meet the core patent requirements and you want to improve your chance of being granted a patent, you need to work with a team of intellectual property professionals who have experience in your specific industry and have a track record of getting patents granted. That’s exactly what you’ll find at Downs Rachlin Martin. Our team includes directors with decades of patent experience, many with industry-specific technical experience, including graduate technical degrees; patent professionals who have worked as patent examiners at the USPTO; patent clerks; and a team of highly-experienced IP paralegals. This combination of strong industry-specific experience, educational background and deep legal knowledge enables DRM’s patent attorneys to extract from a client the essence of the invention, which forms the core of a strong patent.

Our attorneys approach the patent preparation process by first understanding your business goals and objectives. With this knowledge, we are better equipped to develop the right specification and claim structure to help achieve your business goals. We perform product clearance studies to provide our clients with peace of mind when launching new products. When it comes to patent prosecution, we are adept at representing clients before the U.S. Patent and Trademark Office and in dealing with patent examiners and patent judges to obtain the broadest patent protection available under the circumstances. We regularly interact with foreign associates in obtaining international patents for our clients, typically providing substantive direction to our associates during foreign prosecution.

For more information about our patent preparation and prosecution practice, please contact Morgan Heller, Thomas Kohler, or Kevin McGrath.

DRM patent attorneys serve clients of all sizes across a wide range of industries.

DRM’s attorneys assist clients in protecting, leveraging, enforcing and defending their valuable inventions and patent rights across industries such as: automotive, chemical, financial, healthcare, medical devices, microelectronics, nanotechnology, optics and optoelectronic devices, software and computer systems, telecommunications, turbo machinery and toys. We prepare U.S. utility and design patent applications and international applications (PCTs) in these and many other fields. As Vermont strives to achieve its goal of having 25% of its energy needs satisfied by renewables by 2025 and 90% by 2050, DRM has become a leader in IP for alternative energy, wind, and solar technology. When protection of markets outside the U.S. is important, DRM’s attorneys can turn to long-standing and close working relationships with a large network of foreign associates to initiate and prosecute patent filings in countries and regions across the globe, thereby maximizing the patent protection on a global scale.

Morgan S. Heller II

Director

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Thomas D. Kohler

Director

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Kevin C. McGrath

Director

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April F. Hathaway

Paralegal

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Karen S. Jeffer

Paralegal

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Patent Preparation & Prosecution

Means Plus Function – Williamson Removed The “Heavy” Presumption But Dyfan And VDPP Pack Some of the Pounds Back On

A means plus function claim limitation describes a claim element in terms of the function it performs rather than the specific structure of the element.
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New Fast-Track Appeals Pilot Program for Patent Applications

Starting July 2, 2020, the United States Patent and Trademark Office is offering a Fast-Track Appeals Pilot Program that appears to be a very cost effective way to expedite an appeal of a final rejection of a US patent application.
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New Report From the USPTO Concludes Patenting Software in the United States Has Become Easier and More Predictable

Recent USPTO report concludes that for tech areas that typically receive Section 101 rejections, recent changes to examiner guidance have resulted in 25% decrease in the likelihood of receiving a rejection and a 44% decrease in examination uncertainty.
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Patent Marking

Labeling a patented product with a patent number is called “patent marking.” There is no requirement to mark your patented products, however, failure to mark can limit the amount of money (damages) you would be awarded in a lawsuit for patent infringement.
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