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What does it mean to "perfect" my patent?
How do I perfect my patent?
What does it mean to "perfect" my patent?

What does it mean to "perfect" my patent?

 

What does it mean to "perfect" my patent?

Different attorneys may use this term in different ways. We use it to describe a pre-litigation tactic to prepare the patent for challenge, or to preemptively test any concerns related to the scope of the patent prior to commencing litigation or other contentious proceeding.

 

Facts:

  • Most patent prior art is not publicly available for 18 months after its filing date (i.e.: prior art filed within 18 months of your application is often not discoverable in the initial patentability search).
  • Examiner's search at the time of prosecution is not guaranteed to be comprehensive or bulletproof.

 

Solution:

Prior to litigation or taking steps to institute a contentious proceeding, we often advise clients to let us test the strength of the patent so that we may better appreciate the strengths and weaknesses of the case. We do this by:

  • Invalidity Search & Opinion.
  • Ex Parte Reexamination

 

How do I perfect my patent?