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Patent Prosecution

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Technology and the laws meant to protect it—especially the patent laws—are always changing. But the law is not always in sync with technological developments. Companies seeking protection for their state-of-the-art innovations need counsel who not only know what the law is, but where it is likely headed. Crowell & Moring’s team of experienced patent professionals have the experience, knowledge, and judgment to provide such guidance to our clients.

Representing many of the world’s largest and most innovative owners of intellectual property, our patent professionals are on the front lines of legal and regulatory developments every day. We not only see the future of patent law, we help create it.

Our work ranges from the preparation and prosecution of utility and design patents, to working with clients in the development and implementation of cost-effective procurement strategies and programs, to advocating for our clients in post-issuance proceedings at the U.S. Patent and Trademark Office (USPTO). We recognize that there is little benefit to obtaining patent protection that is subsequently narrowed at the USPTO or in litigation. To that end, we work closely with our experienced intellectual property litigation team, and we regularly monitor the regulatory and judicial landscape for new developments in the prosecution and protection of creative assets.

Leaders in Science and Technology

We have a lead on the future of patent protection. Covering the full spectrum of scientific and engineering disciplines with advanced degrees in engineering, inorganic and organic chemistry, and epidemiology, just to name a few, our patent attorneys and agents speak the language of innovation. Many have worked in private industry, providing hands-on experience as mechanical engineers, inventors, scientists, and researchers, along with a practical understanding of business issues. Our client-side perspective helps us anticipate obstacles, spot opportunities, and develop strategies to increase portfolio value.

We Provide Responsive and Sophisticated Counseling

The Leahy-Smith America Invents Act (AIA) rewrote the rules for patent prosecution and enforcement—rules that are still being interpreted, challenged, and changed. The two most significant changes involve the need to more rapidly prepare and file patent applications in emerging technology areas, and the introduction of a more robust regime for challenging issued patents. Our broad and deep technical experience allows us to help clients move quickly through the patent application process when their businesses requires it. And when a client’s patent is challenged, we are adept at vigorously and effectively defend our clients’ innovations, coupled with extensive experience in preparing patents that are resistant to such challenges. Clients turn to us for assistance when the need arises to challenge competitor patents that may threaten their businesses. We have a long track record of success in both defending our client’s innovations and challenging competitor patents that that were entitled to the scope of protection originally granted. Our prosecution team works hand-in-hand with our intellectually property litigation team to adapt, respond, and prepare for challenges to come.

Finally, the more successful the innovation, the more protection is needed. Clients trust our experience to help them safeguard patent portfolios around the world. We use all available tools—including Fast-Track programs and international compacts—and a network of trusted international partners to develop and execute comprehensive global patent strategies.