Wilson Whitaker Rynell

Experienced Lawyers

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PATENT REGISTRATION AND PROSECUTION

IN DALLAS FORT WORTH

Our patent attorneys know patents provide a competitive business advantage and emphasize the importance of patent prosecution, maintenance, and enforcement.

PATENT PROSECUTION AND PATENT FILING

Patent Drafting Services

Our Dallas patent prosecution attorneys understand how important your patent(s) or patent portfolio(s) are in securing your right as a marketplace leader.  Our attorneys offer a range of intellectual property services that focus on electrical, mechanical, optical, and computer hardware and software arts. We regularly assist our clients with the strategic procurement and management of their intellectual property assets domestically and internationally. Our practice comprises the preparation and prosecution of patents in areas including: computer software and hardware; internet and e-commerce; business methods; communications; electrical, electro-mechanical, and other mechanical disciplines. For an overview of the patenting process, view the Patent Process Life Cycle and see our Sample Patent Invention Disclosure Form.

What Are The Different Types of Patents? 

The United States Congress defines the type of inventions that patents can protect. There are three main types of patents, and each is described as follows:

  • Utility Patent: A utility patent is a technical document that teaches the public how to use a new machine, process, or system. A utility patent can be any of the following:
  • a functional, utilitarian device or formula;
  • a business method or steps of conducing a novel business concept; or
  • a software directed to a novel computer task or function.
The basic parts of patent applications include the background, specification, claims, and drawings used in describing a new machine, method, or system; For more information on the utility patent patenting process, see our Overview Of The Patenting Process
  • Design Patent: A design patent protects an ornamental design on a useful item. Unlike a utility patent, a design patent only includes one claim: "I claim: the ornamental design as shown." It is the ornamental design that defines the protectable patentable subject matter of a design patent. A design patent does not cover the functionality of the claimed invention, but rather a design patent protects the "the look" of the patented item; and


  • Plant Patent: Plant patents protect novel kinds of plants produced by cuttings or other nonsexual means. 


Design patents typically are not published. The United States Patent and Trademark Office (USPTO) is relatively quick to respond, given design patents are limited to specific ornamental drawings. However, utility patents are often more complex given the variety of written claims involved and can take many years for the USPTO to provide a formal office action.  In addition to our patent prosecution practice described above, our patent lawyers regularly advise and represent our clients on many post-issuance methods, in particular post-grant reviewsinter parties reexaminationsintellectual due diligence reviews, and international patent filings.

What Are The Steps For Filing A Patent?

The steps you must follow in the patent process are the following:


  • Received a Patent-ability Opinion: Using a patent attorney, you conduct a search to understand the prior art to your invention. Prior art is simply any evidence that your design is already known;
  • Prepare and Submit a Patent Application: Prepare and file a patent application for your invention that meets the USPTO's enablement, written description, and best mode requirements. A valid patent application must be sufficient to enable another person to make and use your invention. 
  • Engage in Patent Prosecution: Patent prosecution is the process by which patent attorneys and the USPTO communicate. After the submission of a patent application, you probably will receive an office action from the USPTO. During patent prosecution, patent claims can be modified, provided they do not add new matter. You may also need to file requests for continued examinations or appeal any patent refusals at this stage.
  • Pay an Issuance Fee, or, if rejected, Appeal, Abandonment, or file a Continuation: A successfully prosecuted patent will result in an allowance notice and a request to pay the issuance fee. Suppose the patent applicant is unable to convince the USPTO to accept the patent, the applicant may appeal the examiner's decision. The application would need to be abandoned altogether or file a continuation to continue the examination process. A continuation in part may, in some cases, allow you to add new matter to overcome prior rejections. 
  • Periodic Maintenance Fees Payments: Patent maintenance fees are due at 3 ½, 7 ½, and 11 ½ years following issuance of a patent- failure to pay any maintenance fees when due will result in the patent becoming abandoned.

Dallas Patent Prosecution Lawyers

Our Dallas patent prosecution attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful patent prosecution or litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. Our patent lawyers represent clients in patent prosecuting and patent infringement throughout the United States, including the U.S. District Courts for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas. 



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Additional Patent Application Focus 

Why Should You File A Provisional Patent Application? 

A provisional patent application is filed in the USPTO to secure the earliest possible priority date for your invention. While not examined or published by the patent office, the provisional application still must meet the minimum requirements of enabling the public to make your invention. Upon filing a provisional patent application, your invention is said to be "patent pending." It is critically important to file your formal utility patent within twelve-months of filing your provisional patent; otherwise, you will lose your early patent priority date and, possibly, be permanently barred from patenting your invention due to your public disclosures during the pendency of the provisional patent. Lastly, design patents cannot be filed by a provisional patent application. For more information on the preparing patents, see our Sample Patent Invention Disclosure Form.

Elements of a Provisional Patent Application

A provisional patent application must include the following: 

  • Cover sheet identifying provisional patent;
  • A specification enough to provide for the invention's enablement, written description, and best mode;
  • Drawings, if necessary to describe the invention; and
  • Payment of the filing fee.

What Is A Non-Provisional Utility Patent?

A non-provisional utility patent application is the complete version of a patent application ready to be examined by the USPTO. It contains a written description of the invention and at least one claim, which enables someone to practice the invention. If you have previously filed a provisional patent application for the same design, then the non-provisional utility patent application claims priority to that provisional patent application.

What Goes Into A Utility Patent Application?

A non-provisional patent application must include the following: 

 

  • A Utility Patent Application Transmittal Form or Transmittal Letter;

 

  • The Application Data Sheet (ADS);

 

  • A Specification, with at least one claim;

 

  • Drawings, if necessary to describe the invention; 

 

  • A Declaration or Oath by the Inventor;

 

  • The Fee Transmittal Form; and

 

  • Payment of the filing fee, search fee, and examination fee.

 

What Goes Into A Design Patent Application? 

A design patent application must include the following: 

 

  • Preamble, stating the name of the applicant, title of the design, and a brief description of the nature along with the intended use of the article in which the invention  is embodied;

 

  • Cross-reference to related applications (unless included in the ADS);

 

  • Description of the figure(s) of the drawing or photographs;

 

  • Feature description;

 

  • A single claim;

 

  • Drawings or photographs;

 

  • Declaration or Oath by the Inventor; and 

 

  • Payment of the filing fee, search fee, and examination fee.

CLIENT MATTERS


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YEARS OF SERVICE

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Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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