Patents

Patent Searches

When you file a patent application, an examiner will complete a thorough search to determine whether your invention in already known. Therefore, conducting a patentability search before filing a patent application is an important first step in the application process. In addition, many potential investors want to see a completed patentability search before they invest in your new idea. Azer Corporate offers quality legal services, including patent searches, for a reasonable flat fee. Upon receiving our comprehensive search findings, you can move forward confidently toward beginning your patent application.

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Patent Office Actions & Amendments

During the patent application process, the Patent and Trademark Office, may have questions or concerns about your patent application. When this occurs, the authority will issue an Office Action. These Office Actions are issued for a wide variety of reasons. Some may request minor modifications to your patent application, while others may notify you that your application has been denied, requiring more extensive legal arguments and amendments in response.

It is critical to respond to Office Actions appropriately and in a timely manner. Once an Office Action has been issued, the authority will not remind you of the approaching deadline. However, failure to respond will cause your application to be abandoned and your filing fee will be lost. The Azer Corporate team are experienced in all aspects of Office Actions. Because every Patent Office Action is different, a review of your case will be conducted before we determine how to respond to the authority.

Patent Application

While completing your patent application, you have several options, based on what you wish to patent. There are two main types of patent applications, a design patent and a utility patent application. Each application seeks protection for different aspects of an invention.

  • Design Patent Applications—Design patent applications seek to secure protection for non-functional, ornamental, or aesthetic aspects of an invention. These essentially represent how the invention looks. For example, the inventors of a new running shoe may wish to file a design patent application for the unique look of the shoe, which separate and independent from how the shoe performs or functions. Once a design patent application is approved, it will last for up to 15 years from the date of issuance.
  • Utility Patent Applications—Utility patent applications focus on the utility aspects of an invention, which directly relates to how the invention works or functions. The running shoe inventors, for example, may wish to patent a revolutionary sole of the shoe, which may help a wearer run longer distances, or its unique laces that won’t come undone while running. Utility patents, once approved, last 20 years from the filing date. There are two options, at least initially, when considering a utility patent application:
  1. Provisional—Provisional patent applications allow inventors to quickly and inexpensively obtain a “patent pending” status. Provisional patent applications are never examined by the authority, and they automatically expire exactly one year from the filing date, at which time, a non-provisional application will need to be filed.
  2. Non-Provisional—Non-provisional patent applications are often more detailed and require a set of patent claim which define the scope of protection sought. Non-provisional patent applications, once filed, will be assigned to a Patent Examiner for a thorough examination.

 

In some cases, an inventor may choose to begin with a provisional patent application, which can serve as a “patent pending” place holder while the inventor fine tunes the specifics of their inventions. It is important to keep in mind that you should move swiftly and secretly in terms of applying for a patent in that any public disclosures, sales, or uses prior to the application filing date could have negative consequences to the patentability of your invention. Azer Corporate provides flat fee application services for both design and utility patents. Our experienced intellectual property attorneys will prepare your application, including formal drawings and detailed descriptions of your invention.

Patent Enforcement

Azer Corporate will provide the following several types of patent enforcement services to protect you against possible infringement:

  • Cease-and-Desist Letters – These serve as an efficient and cost-effective way to put the infringing party on notice, while explaining the legal basis for your claims. Our attorneys look at each unique case of infringement to draft the appropriate cease-and-desist letter, and strive to find the balance right for each situation.
  • Settlement Negotiations – In the event that a cease-and-desist letter cannot keep the infringing party from using your patent, your patent attorney may begin the process to negotiate terms accepted by both parties. For instance, the infringing party may agree to stop using your patent for your commitment not to take legal action against their prior infringement. In other instances, more structured settlement may be needed.
  • Take-Down Notices – It is not uncommon for intellectual property owners to find infringement online. Many of these online marketplaces have protocols for reporting infringing products, but the process to remove the products can be challenging. At Azer Corporate Limited, we can help you create a customized enforcement plan for your budget.
  • Patent Investigations – Sometimes, a detailed investigation must be conducted before a plan to fight the infringement can be created. Our attorneys will conduct research on possible