Dallas Patent Attorney

A patent is a legal right of exclusivity granted to inventors. With a patent, an inventor can exclude other from making, using, selling or importing in the country any product that infringes upon the patent. There are three types of U.S. patents:

• Utility Patent
• Design Patent
• Plant Patent

Utility Patents

A utility patent is granted for any new and useful process, machine, manufacture or composition of matter. The utility patent is by far the most common type of patent issued by the United States Patent & Trademark Office. It protects the functionality of an invention. In order to obtain a utility patent, the application must show that the invention 1) has utility, 2) is novel and 3) is nonobvious to a person of ordinary skill in the art. The life of a utility patent is 20 years from the date of the filing of the application. There are two types of utility applications that can be filed by an applicant: a) a provisional application and b) a nonprovisional application.

By filing a provisional patent application, the applicant obtains a filing date and can thereafter advertise the “patent pending” status of the invention. However, if the applicant wishes to continue pursuing a patent for the invention and desires to continue to maintain the filing date of the provisional patent application, the applicant must file a nonprovisional patent application or a Patent Cooperation Treaty (PCT) application within one year of the filing date of the provisional patent application. A provisional patent application is not reviewed on the merits and will never by itself mature into a patent.

A nonprovisional patent application is reviewed on the merits by the United States Patent & Trademark Office and, if it meets the legal requirements, can mature into a patent grant. A nonprovisional patent application typically includes a specification, illustrations and claims. The law does not require that an applicant conduct a prior art search before filing either a nonprovisional patent application or a provisional patent application. Further, the law does not require that the applicant have built a prototype of the invention before filing an application. However, the law does require that the applicant describe the invention in the application in enough detail so that a person of ordinary skill in the art could build the invention after reading the application without undue experimentation.

Design Patent

A design patent is granted for any new and nonobvious ornamental design of an article of manufacture. The design patent is the second most common type of patent issued by the United States Patent & Trademark Office. It protects the design/ornamentality of an object. In order to obtain a design patent, the applicant must show that the invention is 1) novel, 2) original and 3) nonobvious to a person of ordinary skill in the art. The life of a design patent is 15 years from the date of its issuance. There is only one type of application that can be filed for a design patent: a nonprovisional patent application.

Typically a design patent application comprises only illustrations and claims. Similar to the law for utility patents, an application for a design patent is not required to conduct a prior art search before the filing of a design patent application. Additionally, the law does not require that the application have built a prototype of the invention before the filing of a design patent application.

The attorney at the Peacock Law Firm PLLC can assist clients in all aspects of patent law. This includes:

• Conducting prior art searches
• Preparing patent infringement and validity opinions
• Drafting and filing of patent applications
• Responding to Office Actions
• Drafting and filing of patent application appeals in the Patent Trial & Appeal Board (PTAB)
• Drafting and filing of patent application appeals in the Federal Circuit

The attorney at Peacock Law Firm has successfully procured utility and design patents for clients in the following wide array of arts and technologies: mechanical, electrical, software, e-commerce, electronics, and business methods. After the filing of a patent application, the attorney advocates for you before the United States Patent & Trademark Office. If a patent examiner issues a rejection, the attorney drafts a legally persuasive response to the Office Actions, convincing the examiner to reconsider and issue a patent. Additionally, if the examiner issues a final decision rejecting the application, the attorney appeals the rejection to the Patent Trial & Appeal Board. The attorney has been successful at reversing rejections before Examiners and reversing rejections on appeal in the Patent Trial & Appeal Board. He will work hard for you to see that you obtain a patent for your invention.

Further, the attorney assists clients in trial proceedings concerning issued patents held in the United States Patent & Trademark Office, such as:

• Inter Partes Review (IPR)
• Post Grant Review (PGR)
• Derivation proceeding

The attorney at Peacock Law Firm PLLC also represents clients in patent infringement litigation, whether as a plaintiff or defendant.

Contact a Patent Lawyer in Dallas

Though acquiring a patent can be a lengthy ordeal, the patent law attorney at the Peacock Law Firm PLLC have the skills and legal insight necessary to make sure your intellectual property is protected. I work in the fastest, most efficient way possible, so if you are looking to secure a patent for your invention, contact our Dallas offices at (214) 617-1000 or send an email today.