Patent Counseling

Wagenknecht IP Law Group is a patent law firm that helps corporations, universities, nonprofits, start-ups and entrepreneurs patent and protect inventions.

Patents provide owners the right to exclude others from making, using, selling, offering for sale, and importing patented technology. These “exclusive rights” allow the patent owner to recoup the development costs and earn a return on investment over a specified period of time while contributing the advancement of technology.

To realize the full potential of a patent, inventors should define a strategy for protecting their intellectual property assets. Wagenknecht’s attorneys develop international patent strategies to protect inventions worldwide.

Wagenknecht helps clients:

  • Identify patentable components of an invention
  • Perform a full search of previous and existing patents
  • Determine which patent is best for the specific invention
  • Evaluate the most effective global patent strategy to achieve the company’s business objectives
  • Mark products with patent notice
  • Create a competitive position for the future

US Provisional Patent Applications are priority documents that establish a priority date for one year.  Within that year a regular US Nonprovisional Patent Application and/or International PCT Patent Application must be filed to claim the benefit of priority to the Provisional Patent Application.

US Provisional Patent Applications may be appropriate when the basis of the invention has been developed but additional time is needed to prepare a formal US Nonprovisional Patent Application.

US Utility Patents are granted for new, nonobvious, and useful processes, machines, articles of manufacture, and compositions of matter; or new, nonobvious and useful improvements thereof.  The term of a Utility Patent is twenty (20) years from filing, subject to payment of maintenance fees.

Wagenknecht seeks to achieve the broadest patent protection possible for an invention while providing strong stand alone value against anyone attempting to make improvements to the original invention.

US Design Patents are granted for new and original ornamental designs embodied in or applied to articles of manufacture.  In other words, a US Design Patent protects the look of an invention.  US Design Patents have a term of 15 years from issuance.

US Design Patents can be combined with federal Trademark Registrations to provide comprehensive protection to ornamental aspects of product design and packaging.  Under this approach, US Design Patent protection  provides market exclusivity while the features acquire distinctiveness in the relevant trade channels.

US Plant Patents are available for new and distinct asexually reproduced plants including mutants, hybrids and seedlings, other than tuber propagated plants or a plant found in an uncultivated state.  The term of a US Plant Patent is twenty (20) years from the filing date.

Wagenknecht regularly files patent applications under the Patent Cooperation Treaty (PCT).  PCT Patent Applications do not grant as international patents themselves but provide a centralized application that can be nationalized in member countries (called national phase) to obtain patents in more than 180 countries worldwide. In addition, the PCT Patent Application receives a preliminary examination report and receives a written opinion as to the patentability of the invention prior to national phase, which can be used to assess the likelihood of receiving a granted patent.

The Hague Agreement is an international registration system for registering up to 100 industrial designs in designated member countries by filing a single international application.

The Hague Agreement provides a cost effective approach to registering designs from US Design Patents.