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Patent Preparation and Prosecution

When Fitch, Even, Tabin & Flannery LLP lawyers begin the process of drafting a patent application, it is with a clear focus on the larger business objectives of the invention. Our goal is to work with clients and define how the invention can best return value to the business, then craft an interpretation that presents a compelling story to the patent examiner about why the invention is unique and patentable. We ask the right questions and focus on the strongest arguments that support patentability at each stage in the invention’s life cycle—from U.S. Patent and Trademark Office approval, to monetization in a strategic venture or licensing arrangement, to effective enforcement against infringers. Many clients consider us an extension of—and partner in—their technology and strategic analysis functions.

Our lawyers have helped some of the world's most-sophisticated organizations protect and exploit innovations in mechanics, electronics, chemistry, advanced materials, physics, computer, and software technology, including business methods, biotechnology, energy, and other fields. Because intellectual property is truly a global asset, our firm has had a dedicated international group for over 55 years that regularly works with correspondent firms throughout the world to file patent applications via both the Paris Convention and Patent Cooperation Treaty. Our international group has a deep understanding of the specific rules and procedures in patent-granting countries and regions worldwide that allows Fitch Even to provide expert guidance with respect to where and when international filings should be made to enhance our clients' global business objectives.

For companies that have a well-developed patent program, Fitch Even zeros in on the fundamentals for each potentially patentable innovation:

  • Identifying key differences from prior art, and understanding their commercial significance
  • Determining where the patent would fit in the client’s portfolio
  • Considering advantages of additional types of IP covering the innovation in addition to or in place of a patent
  • Assessing the competitive landscape and providing patentability and freedom-to-operate opinions to strengthen and fortify client’s intellectual property positions

Emerging companies and individual inventors who are new to the patenting process benefit from our ability to efficiently leverage their financial resources to obtain patents that are attractive to venture capitalists or other strategic investors and can be effectively licensed, when appropriate, to support solid cash flow. On behalf of every client, we strive to secure patents that are respected by competitors, difficult to design around, and enforceable in court.

Fitch Even patent lawyers work diligently in a timely fashion to secure patent claims that provide comprehensive protection and considerable flexibility in the event of enforcement proceedings. We draft all patent applications with an eye toward potential litigation and a keen understanding of the legal principles governing effective patent enforcement. By giving each application the in-depth consideration it deserves, we help our clients avoid the pitfalls of patents that are drafted too narrowly to cover subsequent design evolutions, provide little flexibility to avoid unforeseen prior art, or make enforcement litigation unnecessarily complicated or expensive. The result is comprehensive and consistent counsel at every stage of patent preparation, prosecution, and enforcement.

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