Patents can be a complex field, and it is essential to engage seasoned and experienced patent attorneys in order to maximise your legal rights. Our founder, Craig Watson, is the only Scottish (and one of the few British) volunteer markers for professional exams to come to be a European Patent Attorney, aiding establish the criteria for all patent attorneys.
This experience helps us boost the high quality of service to our clients in lots of areas including:
• Patent Drafting
• Patent Amendment
• Patent Law
• Infringement
• Validity
• UK Patent Office Opinions
PATENT DRAFTING
We are a few of the most knowledgeable European patent attorneys for patent drafting.
Drafting is a matter of correctly recognizing the invention, considering the scope of feasible protection and getting "under the skin" of the concept to establish an optimised method for protecting it firmly and broadly. Thought must likewise be given regarding which entity would certainly be captured by different types of patent claim - better to catch your competitors, instead of your customers. It should be far more than a "brain dump" of info. Inventors should be weary of filing a speculative patent application to "obtain anything filed" as it is often not possible to recover a position later in the process, if the initial patent draft is done in a hurry, it is insufficient, or of poor quality.
PATENT AMENDMENT
After filing for a patent application, the patent offices will certainly embark on a thorough evaluation, and prior art search, and normally issue evaluation reports challenging the patentability of the declared scope, among other arguments. Understanding just how to prevent these without too much compromise and when to stand firm with the patent offices takes a great deal of experience and knowledge. Furthermore, a convincing case should be made-- usually in composing - on the patentability of the invention. It is sometimes less complicated to get a patent with a narrow scope of protection, yet this may permit workarounds. It takes much more competence and experience to acquire wider patents which are more difficult for 3rd parties to circumvent and as a result a lot more commercially useful for the customer.
PATENT LAW
In addition to embarking on procedural action in gaining patents, we likewise suggest on patent law as a whole. This can range from IP transactions and patent-entitlement concerns via to patent marking and unjustified risks of patent infringement.
The statutory basis for patent infringement and validity is also important to understand completely, along with the body of case law produced by its interpretation made by the courts.
INFRINGEMENT
If you know a third party commercialising a comparable product (or technical approach) as you have actually patented, we can undertake an official infringement opinion. We can additionally examine if your product (or technical technique) infringes a 3rd party patent.
This is based on the statutory basis for infringement along with the case law established by the courts. It is very important to very carefully examine and take different aspects of the patent in order to fairly evaluate whether an alternative infringes the patent or otherwise.
You might take into consideration testing a third-party for infringement or seeking an affirmation of non-infringement from them. This typically begins with a letter setting out the basis for insisting this, and can often be resolved at this point, without going back to court action.
VALIDITY
Not all given patents are valid. Whilst they do undergo a complete technical examination before grant, in some cases the IP office gets it incorrect, commonly because they are not familiar with some appropriate prior art.
If you want flexibility to introduce a product (or technical technique) yet you're worried about a third party patent, our patent law firm can give an official opinion on the patent's validity. If considered void, this may give you sufficient comfort to commercialise your product. Alternatively or in addition, you might desire to take actions to invalidate the patent concerned. A validity opinion might also be given by yourself patent, for example if you want to examine its strength prior to imposing it versus rivals.
UK PATENT OFFICE OPINIONS
On request, the UK IP Office will certainly issue an independent Opinion on the infringement or validity of a UK patent. Additionally, if the patent is considered "clearly void" then they will begin revocation process versus the patent.
In our opinion, the procedure is a lot more beneficial to a 3rd party looking for to challenge the validity of a patent, than the patentee. This is partly because, unlike European Opposition Proceedings, the patentee can not file a narrower more defendable claim set. Moreover, the requestor of the Opinion has 2 opportunities to make arguments, whilst the patentee has only a single opportunity.
It should be noted that such Opinions are not binding on any type of succeeding formal proceedings and other parties are not obliged to get involved and make submissions. Also, unlike the validity and infringement opinions we plan for customers, the Opinions provided below are open to the general public.
Nonetheless, this can be a cost-efficient means to try to test, possibly revoke, a patent. It is likewise feasible to ask for such an opinion without recognizing the actual party of interest.
Visit our website https://www.cranach.co.uk/services/patent/ for more information
Cranach Patent Attorneys | Patent Services
Aberdeen, UK
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