Patents

Arlington & New York patent attorney Mr. Stanzione and the Stanzione & Associates, PLLC team have been representing some of the largest corporations in the world (domestically and internationally), as well as small businesses, start-ups, and independent inventors, for decades with respect to drafting and prosecuting patent applicants in a vast number of different technologies, including electronics, semiconductor electronic circuits, image forming apparatuses, optical systems including cameras, telecommunication systems, wireless payment systems, mechanical systems, medical devices, musical instruments, toys, games, etc. Their experience is applied to all phases of the patenting process, including:

  • Drafting and prosecuting patent applications to obtain high-quality utility patents for all types of apparatuses, devices, systems, computer hardware and software, manufacturing and methods of operations as well as methods of doing business, etc., in the United States and Foreign Patent Offices. Mr. Stanzione has significant experience with issues dealing with patentable subject matter and working to overcome as well as to avoid 35 U.S.C. §101 patent ineligibility pitfalls.
  • Preparing and prosecuting design patent applications.
  • Providing Patentability Opinions, Freedom to Operate clearances, and Patent Validity Searches.
  • Conducting Reexaminations.
  • Drafting and Negotiating Patent Licenses.
  • Drafting Patent Validity and Infringement Opinions.
  • Providing Design Around Opinions.
  • Filing Appeals Before the United States Court of Appeals for the Federal Circuit Trademarks
  • Providing support in IPR filings.

Patent Drafting and Prosecution

We take patent drafting and prosecution seriously in that we consider not only how each invention can be drafted to provide the greatest range of protection for the current market requirements, but also how each invention can be drafted to ensure that granted patents remain highly valuable in the future as the technologies evolve, which is how each invention is approached during the drafting and prosecution process at Stanzione & Associates, PLLC.

The majority of Arlington & New York patent lawyers at Stanzione & Associates, PLLC have past experience working at the United States Patent and Trademark Office (USPTO), thus providing them each of the professionals with firsthand experience regarding how to work directly with patent examiners in a cooperative and intelligent manner to achieve success in getting patents granted, while providing our clients with valuable patents, and on an expedited time schedule.

It is without debate that during the present time a majority of inventive concepts are related, if not completed directed to software technologies, often used with “apps,” as well as methods of doing business.  Since the Supreme Court decision in Alice Corporation LTD v. CLS Bank International et al. (June 19, 2014), which applied significant restrictions on what can be considered patent-eligible, a majority of software and internet-related patent applications have been denied being granted as patents.  Several Federal Circuit cases have been decided since Alice, which has only muddied the waters as to what can be considered patent-eligible subject matter. It is of the utmost importance that patent applicants seek out highly experienced Arlington & New York patent lawyers that understand how to draft a patent application and patent claims which will navigate through the conflicting and contradictory Court decisions regarding what is and what is not patent-eligible subject matter, in order to ensure that their inventions will not be rejected in view of patent ineligibility rejections under US Rule 35 U.S.C. 101.  

Understanding of How To Draft a Patent Application In Arlington & New York

Whether your invention is connected with the Internet, wireless systems, or other software-dependent technologies, you can end up battling the United States Patent and Trademark Office for years, wasting both money and the 20-year patent term that your invention is patent protected for without the representation of an Arlington & New York Patent Attorney that understands each of the Court decisions, and therefore how to draft a patent application and patent claims which include the proper technical information required to be considered as patent-eligible subject matter.  There have been literally dozens of presidential Court decisions that attempt to define the differences between patent-eligible subject matter and patent-ineligible subject matter, and many of these decisions contradict each other or are directed to different technologies, thus leaving a majority of technologies still unclear as to when an invention will be rejected as patent-ineligible or allowed as containing patentable subject matter. This decision can easily be swayed one way or the other based on how the patent application and claims are drafted. 

In addition to drafting a quality patent application, patent applicants also need to secure a highly experienced Arlington & New York patent lawyer that knows how to respond to Office actions issued by the United States Patent Office in order to expedite a patent application to allowance as early as possible, thus saving the patent applicant possibly tens of thousands of dollars in further patent prosecution.  Also of vital importance is to secure a highly experienced patent attorney that has worked at the United States Patent and Trademark Office for a sufficient amount of time and works in close proximity to the United States Patent and Trademark Office, to understand how the internal patent system works, and to be able to meet in person with a patent examiner working on your patent application. It is well known that in-person examiner interviews substantially increases the chances of getting a patent application allowed, and granted as a patent.

Other common rejections upon first examination of a patent application include lack of novelty and obviousness rejections.  A highly experienced Arlington & New York patent attorney that has worked within the United States Patent Office understands that these type of rejections can often be overcome by understanding what the patent examiner is thinking, and which arguments to present to the examiner that will result in having the examiner withdraw the rejections and allow the patent application.  Sometimes it only takes the simplest things to convince a patent examiner to withdraw his/her rejection, but only a highly experienced patent attorney knows how to navigate these issues and present the best responses.

Patent Drawings

Once your patent drawings are filed, they cannot be changed, and nothing can be later added without losing the filing date of the invention.  Therefore patent applicants should not risk relying on a less than highly experienced patent attorney to prepare and file your drawings after ensuring that every significant feature of the invention is illustrated and clearly described.  In order to obtain patent protection on a feature of your invention, this feature must be illustrated in the drawings. Many times a patent applicant will later discover that some important features of their invention were not sufficiently illustrated, or described, or both.  At this point, it is likely that the examiner will decide that the invention was not fully conceived at the time of filing the patent application, and the applicant will lose their filing date, thus losing any possibility of a patent protecting their invention without starting over again and losing their original filing date.  

Call Our Arlington & New York Patent Attorneys Now

Only a highly experienced Arlington & New York patent attorney can draft claims, which are what the application obtains patent protection on, which not only fully cover the invention, but also prevent competitors from drafting around your invention, thus rendering your patent of little value.  Therefore the most important part of a patent application is the claims, which only a small percentage of patent attorneys can draft with great quality.