etherton law group prepares and prosecutes u.s. patent applications for most technologies. we have extensive experience in medical devices, biotechnology, renewable energy processes and equipment, agricultural equipment, software and internet technologies, business methods and golf-related inventions. (hey! we live in phoenix!)

our practice is to prepare and prosecute patent applications in a timely manner. unless advantageous for strategic purposes, we usually do not need to file for extensions of time or make significant amendments to the patent application. this method saves time and money, and is safer under the recent case law that effectively penalizes the patent holder for delays and amendments.

patent basics

the u.s. patent code (35 u.s.c. § 1-376) governs the issuance of u.s. patents. in essence, a patent is issued by the u.s. patent and trademark office for an invention of proper subject matter that has utility, is novel and non-obvious. each of these terms of art, utility, novelty, and non-obviousness, has a specific meaning in the context of patents, and form the criteria by which your invention will be judged. it takes an average of eighteen months from the date of filing for a patent to issue. once it does, you have protection for twenty years from the date the application was filed against infringers who might try to make, use, or sell it or a similar invention. you may transfer these rights to others.

to meet the criteria for a patent, the invention first must have utility. an invention that satisfies the utility criterion is an invention that is useful. it must have a known use, as opposed to a creation having only a theoretical use or none at all.

novelty means that the invention is new. that is, the invention has never been manufactured, used, or made public by anybody in the world. patents and publications from the u.s. and foreign countries are used to determine whether your invention is novel.

non-obviousness is similar to novelty and most often becomes the sticking point for whether a patent issues. non-obviousness is also judged against patents and other literature, which is called "prior art." to be non-obvious, an invention must have at least one improvement that differentiates it enough from prior art to make it worthy of protection as a unique invention.

there are several bars to patenting an invention. one is to make public use of your invention for more than one year before you file an application. experimental use and durability testing is not usually considered to be public use. concealing or abandoning an invention is also a bar to patent rights.

our patent services

• u.s. patent applications and prosecution for
  
  • utility patents
    
  • design patents
    
  • business method and software patents
    
  • most technologies, including mechanical, electrical, biotechnology and chemical inventions
    
  • domestic (u.s.) inventors
    
  • foreign inventors
    
  • requests for patent re-examinations
    
  • appeals to board of patent appeals and interference
    
    
• coordination of foreign patent application filings, including preparation of pct applications
  
  
• patent searches
  
  
• patentability opinions
  
  
• patent infringement opinions
  
  
• patent licensing
  
  • licensing your company's patents to others
    
  • licensing others’ patents for your use
    
    
• corporate invention disclosure programs
  
  
• corporate intellectual property audits
  
  • on-site visit to find valuable intangible assets
    
    
• corporate training programs for patent and trade secret protection
  
  
• patent portfolio planning and management
  
  
• patent maintenance fee reminders