Did you ever have that “eureka moment” – a flash of genius – in which you could clearly see a solution to a complex, technical problem? Just the thought of it can make one tingle with awe. Usually, reducing that lightning bolt of inspiration down into an organized and detailed technical description of your idea takes a significantly longer amount of time than to conceive it. After the hard work of considering your idea from as many angles as possible, you may decide to bring the technology into the market according to a well-thought-out business plan.
Dealing with the many business issues is daunting enough, let alone juggling the costs that the venture incurs along the way; the issue of patent protection just becomes another checkbox on a long list of tasks that need to be dealt with. Yet, patent protection is a critical starting point for staking your claim to a technical invention, defining your market channels, securing a modest amount of market exclusivity, and building your business on the strengths of the IP you have created.
An invention disclosure, which serves as the basis for the specification of a patent application in the patent-drafting process, resembles the technical description in many aspects. After all, it comprises the core features of the invention. However, the two diverge in one important aspect – the legal dimension. To be of value, a patent needs “teeth,” so to speak. The sharper the teeth, the more secure the patent will be to catch infringers, and the more interest the patent will generate, raising its valuation. These so-called “teeth” are the intertwining of the technical features within a tight legal framework to capture the desired business exploitation model.
A skilled patent attorney knows how to construct a patent disclosure and its claims in a way that treats these concerns in an optimal fashion. This includes: knowing what is considered the state of the art by considering the insight provided by a proper patent search, understanding the technical differentiators of the invention in the patent analysis of the prior art, removing any ambiguities from the invention disclosure, and foreseeing any attacks to validity or enforceability in potential future litigation. An opponent’s lawyers will meticulously comb through a patent in their own patent analysis in order to exploit whatever they can that appears to be a weakness in order to advance their position in litigation.
FlashPoint IP factors these wide-ranging aspects into the process of securing patent protection, whether in performing a patent search of the prior art, engaging in patent drafting of applications, selecting how and where to file, or prosecuting your claims to an invention to help you maximize value in an extensive array of practice areas. Our patent attorneys are adept at synthesizing the many facets needed to create a winning formula for your IP. Contact us to discuss your options regarding IP strategy and positioning, and how best to secure your rights.
