Patents

A patent application is filed in the United States to obtain the right to exclude others from making, using or selling the patented invention in the United States. Nearly 400,000 patent applications have been filed in the United States each of the last several years. Since the inception of the patent system, nearly 8 million patents have been issued. Of that number, about 4 million patents have been issued in the last 30 years! Clearly, the advancement of technology and the filing of patent applications to protect those technological advances are being filed at a pace never experienced before in history.

Patents+TMS represents clients in all areas of technology — from simple, mechanical inventions to more complex inventions in the fields of electronics, communications and computer software. Our firm's goal is to guide you through the process of preparation and filing of a patent application in the U.S. Patent Office, the subsequent prosecution of the application before the U.S. Patent Office, and ultimately the issuance of a U.S. Patent, and its subsequent maintenance.

We welcome any questions you may have regarding this process — the most common questions we receive include:

  • Should a novelty search be performed?
  • Can a patent application be filed for my invention?
  • Who can file a patent application?
  • What rights do I have as an inventor after filing my application?
  • How long will it take to obtain a patent? How much does it cost to obtain a patent?

Simply fill out the FREE CONSULTATION screen on the side of any page of our website, and ask us any questions regarding the patent process, and we will be happy to answer them for you. Or, if you prefer, you may call us or set up a meeting to discuss any questions you may have regarding the patent process.

Patents+TMS also works closely with patent firms in countries around the world for those clients interested in pursuing rights in foreign countries, such as Canada, any European country, Japan, Mexico, any South American country, China, Korea, India, Australia, Taiwan, Indonesia, the Phillipines — we have associates in every country in the world to file in any country on your behalf. Likewise, we can also discuss preparation and filing of an application under the provisions of the Patent Cooperation Treaty (PCT) to preserve your right to file in any of approximately 150 member countries around the world.

In addition, our firm also acts as a 'foreign associate' to law firms and foreign corporations and individuals that wish to file their previously filed application from another country or that those law firms, individuals or corporations have filed under the provisions of the PCT and that now require nationalization in the United States Patent Office. For example, if you or your company have filed an application in your own country, like Japan, China, India, Canada — or any country — then we can convert that application to satisfy the requirements of the U.S. Patent Office and claim priority to the date that the application was originally filed in your country.

Patents+TMS also offers searching services and corresponding opinions from those searches. Novelty or patentability searches assist clients in determining if their invention is novel in view of other patentable inventions and/or published patent applications. The search is generally limited to a search of United States patents and published patent applications. A 'state-of-the-art' search may also be conducted as an expansion from a novelty search to assist clients with evaluation of inventions already patented or published as patent applications in the area of their own inventions.

Infringement, non-infringement, or clearance searches and/or opinions are also conducted by Patents+TMS to identify any patents that may likely be infringed if a specific product, apparatus, device, system and/or method is made, used or sold. The search may assist with identification infringement of your own patents, or may consider whether your own products or the like are infringing or not infringing the patent rights of others. Validity or invalidity searches and/or opinions are also performed by Patents+TMS to assist in evaluating if a specific patent is, in fact, valid. Such searches are often necessary when one is accused of allegedly infringing a claim of another's patent.