Patents

We are experienced in handling all aspects of patent law, The Rapacke Law Group has in-depth knowledge of the complexities and nuances of patent office examinations, from prosecution, reexaminations, reissue proceedings, and appeals to the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO), to handling all aspects of oppositions before the European Patent Office (EPO) and United Kingdom Intellectual Property Office (UK IPO).

Our practice consists of professionals registered to practice before the USPTO and including former patent examiners. All have science or engineering backgrounds, and many hold advanced degrees in their technical fields or have worked in the industry. These professionals are supported by a substantial infrastructure of experienced personnel and systems developed to prepare, file, prosecute, and defend patents in a cost-effective manner.

We assist businesses and organizations in industries as diverse as consumer goods, pharmaceuticals, aerospace, medical devices, and agriculture, to name a few. Our professionals’ extensive technical backgrounds combined with decades of experience in patent law enable us to build solid patents and effective prosecution strategies, from idea to issuance and beyond. We are often involved at the initial stages of evaluating technology for patentability during brainstorming meetings with our clients and inventors, ultimately benefiting our drafting and prosecuting the patent applications. As our clients’ needs evolve, we bring experience in patent transactions, due diligence, portfolio management, opinions, counseling, and litigation. The strongest and best patents are less likely to be litigated. But should your protection be challenged or infringed, The Rapacke Law Group brings proven experience and an impressive track record before district courts, the U.S. International Trade Commission, the PTAB, and appellate courts.

PROSECUTION

The Rapacke Law Group specializes in filing foreign patent applications for utility, plant, and design inventions. We also file under the Patent Cooperation Treaty (PCT). The technologies at issue span nearly every industry sector, including semiconductors, medical devices, chemicals, metals, pharmaceuticals, biotechnology, industrial manufacturing, robotics, consumer electronics, computer software, and business methods.

Our patent prosecution practice includes recognized experts and seasoned professionals, as well as experienced junior team members with relatively low billing rates and often extensive technical and/or prosecution experience. They have science and/or engineering backgrounds, and many hold advanced degrees in their technical fields and/or have worked in the industry. Most of our professionals also have litigation experience that enables them to provide the highest quality work by prosecuting applications with an eye toward enforcement.

We train our professionals to draft and prosecute patent applications strategically and with the clients’ interests and instructions always at the forefront. We strive to add value from the invention mining/invention disclosure stage by collaborating with the client’s scientific contributors to set boundaries and to define the scope of the developed invention. We also seek to effectively communicate the achievements of our clients’ inventions to the USPTO and convey the boundaries and advantages of the inventions during the patent prosecution process.

Our priority is to employ teams that allow us to take a primary role in developing a valuable global patent portfolio in an effective and cost-efficient manner. Our professionals are well versed in the standards of patentability and patent procedures in foreign patent offices around the world. They are able to provide a well-coordinated, consistent, and comprehensive global prosecution strategy that maximizes patent protection and minimizes costs associated with foreign filing and prosecution. These efforts result in stronger foreign patents and reduce the risk of complications in any U.S. litigation that may arise involving a U.S. counterpart patent.

Types of Patents

We Handle Every Type of Patent, including:

The Utility Patent is the most common type of patent and covers new and useful process, machine, manufacture, compositions of matter (such as chemical compositions and compounds) or any subsequent new and useful improvement thereof. The utility patent is valid for twenty years from the date of filing of the patent application.

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A design patent protects the ornamental features or the look of an invention. A design patent is valid for fourteen years from the filing date of the application.

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A provisional patent application provides a 12 month period to further develop the invention, market and seek licensing agreements. A provisional patent is only a placeholder and a non-provisional patent application must be filed within the 12 month period based on the information contained in the provisional application. If no further action is taken within the 12 months, the patent is invalidated and the orignal file date (or priority date) is lost.

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The PCT Patent provides 30 months of international protection (in the member countries) starting from the priority date.

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