A clear patent strategy is the secret weapon of many successful companies. Patents, being government legal instruments, follow an odd set of arcane rules that are to be followed diligently. If not, a company's intellectual property (IP) may not be protected and could fall prey to being used by competitors. Effective patent protection must now be an integral part of the development process.

Previous phases may have had an eye on identifying and developing IP, but now it is time to document the IP formally. First, the IP is categorized and prioritized as to which inventions are the most novel, significant and potentially patentable.

Some patent research may be performed within the appropriate IP classifications to determine the "lay of the land." While no patent search can be entirely exhaustive, the more recently issued patents in a field may suggest a review of related or competing technologies as a measure towards the viability of new patent applications.

Although patent strategies vary, a common one is to submit provisional patent applications (PPAs) as early as possible, then follow them up with regular patent applications (RPAs). PPAs are themselves not subject to review and serve to hold an early filing date for the later and more refined RPA. This way, the inventions can be refined and the eventual claims strengthened, leading to a far superior, wider scope, and more enforceable set of patents.

DataPlex engineers can quickly develop drafts of applications that can then be review by a patent attorney. By using the same engineers to write the draft of an invention who are also intimately involved with its design, the PPA effort is far more economical when compared to what a patent attorney may charge to be brought up to speed and whose work would have to reviewed by the engineers anyway for technical accuracy. Although a patent attorney may be involved from the start, their best use comes on reviews, edits and the development of claims.

After the PPAs are filed, it is time to focus on the Production Phase.

But wait, there's more. One year later, additional elements of the Patents Phase will need to be dealt with, most importantly the conversion of PPAs to RPAs, and the application for foreign patents, if desired. As patent examiners of the United States Patent and Trademark Office (USPTO) review the applications, they will require disclosures of prior art (what existed before), and they will issue office actions which will need appropriately crafted responses. DataPlex works closely with patent attorneys in this endeavor, providing much needed technical material and support.

Beyond the scope of assisting in the development of patents, DataPlex also provides the services of reverse engineering to determine the extent of patent infringements by client's competitors and also expert testimony.

Not to be overshadowed are trademarks, copyrights and trade secrets, all of which can help enrich an IP portfolio. The realm of IP can be complex, so we look forward to being of assistance.