A patent is an exclusive right granted for an invention, which is a product or a process that has new features. A patent for an invention is the grant of a property right to the inventor, issued by the Patent Office. The term of a patent is 20 years from the date on which the application for the patent was filed. For entrepreneurs and industry pioneers, a patent provides one of the most definitive ways to protect a company's Intellectual Property (safeguard innovation) and to boost company valuation. The Patent Offices grants utility patents which are available for inventions that provide any new or useful process, machine, article or composition of matter. In appropriate circumstances, utility patents may also be used to protect computer software and business methods. Each invention must meet the legal requirement of not being obvious to a person of ordinary skill in the field of the invention, in addition to being new or novel.
What kind of protection does a patent offer?
The right conferred by the patent grant is, the right to exclude others from making, using, offering for sale, or selling the invention. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. A patent grants certain exclusive "property rights" in an invention. In general, patentable inventions fall into a range generally spanning between the extremes of those that are pioneering in nature (e.g., light bulb, transistor, vascular stint) and those adding incremental improvement and value.Patent grants are effective only within the countries a patent was filed (territorial rights).
Rely on an Experienced Team
A key differentiator for KHIP is that the team of attorneys and staff who secure patents, are legally oriented, technically capable attorneys, with the vision of subsequent patent litigation, which enhances the services delivered by providing a pro-active approach anticipating and navigating through potential litigation and licensing pitfalls. This combination of skills and expertise lends an important long-term perspective to the effort of securing the broadest, strongest and most valuable patent protection, designed to withstand the scrutiny of litigation, licensing and due diligence reviews.
Strengthen the Application & Invention
KHIP offers its clients a unique and innovative patent application and invention fortification service that is particularly suited for cornerstone, pioneering or other highly valued innovations. Our detail oriented staff enrich patent preparation and prosecution by anticipating litigation, license negotiations and efforts to avoid infringement. Patent applications crafted with our strategies generally are more valuable, difficult to elude and robust in content. scrutiny competitors and potential licensees may apply in.
KHIP approaches the patent process with a thorough technical understanding and a coordinated approach focusing on both current and long-term opportunities, and provides annual maintenance, as required to protect our clients' rights.Our staff is well versed in securing and protecting patents for a broad range of inventions, from high technology and complex engineered inventions to the elegantly simple. The firm seeks to secure broad, valid protection with a patent portfolio comprising a single, cornerstone patent serving as the foundation of an emerging company as well as with a portfolio of dozens of patents representing interrelated aspects of a highly complex, multifaceted invention.KHIP counsels clients about achieving suitable protection for their inventions, including assessing and determining whether a valuable invention should be protected as a trade secret rather than by a patent. It is important to remember that the information contained in the patent application will ultimately become publicly available if a patent issues and possibly earlier, if the application is published.
Ensure Proper Protection
Securing proper patent protection early and timely is critical to growth of market share. KHIPhelps clients define the scope of protection to include those features necessary for the invention to work and bring the greatest market value. At a minimum, the objective is to obtain at least one independent claim covering the most general concept of the invention, designed to protect ownership rights during careful scrutiny in future transactions such as high-stakes litigation, licensing negotiations, mergers, acquisitions, or the like.In many cases, our attorneys help clients secure greater protection and more flexibility by procuring multiple patents for related subject matter. More than one patent claim may be presented, provided the claims differ from each other. In each case, the main or independent initial claim is used as the foundation for subsequent dependent claims. This approach helps our clients protect the less marketable or innovative features as well as the more fundamental aspects of the invention.
Identify What to Patent
KHIP works with clients to understand the market demand for and unique qualities of the various features of an invention. Ideally, we secure patent protection for those features that will provide profits from a high level of market demand and, probably, be patentable. The effect of a patent grant is to confer on the owner the right to exclude others from making, using, selling, importing or offering to sell the protected invention. Each attorney with KHIP possesses a scientific or technical degree, which allows us to understand and secure protection for complex inventions and technologies. This depth of technical understanding greatly facilitates protection of the fundamental concepts of an invention necessary to its use and value. Conversely, the understanding brought by our lawyers to technology is also critical to successfully designing around the patents of others, if necessary or desirable.