Patent Prosecution

Overview

Vigorous protection of a company's innovations and inventions is essential to future success. The patent laws, in particular, grant individuals or entities the right to exclude others from making, using, offering to sell, and selling infringing products or using infringing methods.

With a strong record in the field of patent law, Dykema attorneys are skilled at guiding clients through the complex challenges of this steadily evolving legal environment. We provide an uncommon level of advice and guidance throughout the lifetime of a patented asset, from development and patent searches to pursuing and defending infringement claims and disputes. Members of our team have technical and scientific backgrounds in engineering, biology, chemistry, computer science and advanced technologies, enabling us to offer a level of insight and counsel that is scientifically sound as well as strategically appropriate.

We offer and have provided the full range of legal services to patent holders across all industries, including but not limited to:

  • Preparing, filing and prosecuting patent applications before the U.S. Patent and Trademark Office (USPTO) and coordinating patent efforts in countries throughout the world
  • Preparing and prosecuting electronic commerce (e-commerce) and business-method patent applications and evaluating potential e-commerce and business method patent threats
  • Rendering patentability, patent validity and patent infringement opinions
  • Conducting patent searches, clearances and analyses
  • Preparing patent license agreements
  • Pursuing and defending post-grant attacks on patentability before the USPTO
     
  • “Preparing for the Trademark Office’s Permanent Audit for Registrations”
    Intellectual Property & Technology Law Journal
    April 2018
  • “Who Will Own the Rights to Autonomous Cars?”
    Legaltech News
    July 26, 2017
  • Trade Secrets vs. Patents: Has the Decision Climate Changed?
    Texas CEO Magazine
    June 18, 2016
  • MPHJ Technology Investments LLC v. FTC: Fighting for Patent Owners' Rights in a Tide of Patent Reforms
    Bloomberg BNA Patent, Trademark & Copyright Journal
    August 29, 2014
  • “Stopping the ‘Patent Troll’: Or, What You Need to Know About the Current Litigation to End Abusive Patent Litigation"
    Metropolitan Corporate Counsel
    April 24, 2014
  • The Extraterritorial Reach of U.S. Patent Law, Minnesota IP Institute, (Co-Author)
    3rd Edition, 2005
  • "In re Kubin: Federal Circuit Ignores Principles of Structural Obviousness in Applying 'Obvious to Try' Test"
    Patent Strategy & Management
    July 2009
  • "Federal Circuit Applies Bilski Standard in Classen"
    Patent Strategy & Management
    March 2009
  • "Ex Parte Kubin: Board of Patent Appeals and Interferences Applies 'Obvious to Try' in Post-KSR Biotechnology Appeal"
    Patent Strategy & Management
    January 2009
  • "Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting"
    Patent Strategy & Management
    April 2008