Gawlak Patent Law LLC
Article 1, Section 8, of the United States Constitution requires that Congress grant “for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” This right permits a patent holder to exclude others from making, using, selling, or importing a patented invention (or from attempting to do so) for a period of time generally equal to 20 years from the filing date of the patent application. However, the “discovery” of a new invention is insufficient by itself to allow for the grant of patent rights; in order to procure a defensible patent with the broadest possible scope of protection, each patent application must be meticulously drafted to ensure that no detail is overlooked.
Gawlak Patent Law can assist clients in building strong patent portfolios by filing provisional and nonprovisional patent applications with the United States Patent and Trademark Office, including applications for utility patents, design patents, and plant patents. Provisional applications filed early in the patent process allow patent applicants one year to assess the market potential of a new technology before committing additional resources in order to obtain a patent, and the filing of a provisional application establishes an early filing date to which subsequent nonprovisional applications may later claim priority. The firm can also provide support to clients pursuing patent protection abroad, including the filing of PCT (Patent Cooperation Treaty) applications in the USPTO, enabling applicants to establish an international filing date while deferring foreign filing for up to 30 months.
In situations where a proprietary technology is still in the development phase, or when client needs are best served by delaying or forgoing the filing of a patent application, Gawlak Patent Law offers patent counseling services for clients, including timeline planning for the filing of patent applications, development of design-around strategies to avoid USPTO rejections over the prior art, evaluation of marketing and development plans in order to prevent the loss of patent rights, and assessment of the feasibility of maintaining trade secret protection.
Gawlak Patent Law LLC