PATENT SERVICES AT GRAHAM IP

The US patent system is designed to encourage development and early public disclosure of "patentable" technologies. 

 

To be deemed patentable, the subject matter sought to be patented must be entirely novel and it must arise the mind(s) of the named inventor(s).  This means, among other things, that one cannot validly patent things developed by others just because they look like they would be a "good idea," or, in general, things the inventor has already publicly disclosed or commercially exploited.  Similarly, one cannot validly patent discoveries of laws of nature, inherent biological/chemical processes, or conception of abstract ideas like mathematical algorithms, no matter how earth-shaking they may be.  Einstein would not have been able to validly patent his remarkable discovery that E=mc2. 

 

Another key limitation on patentability is "obviousness."  Even if novel, the differences between the claimed subject matter and the relevant prior art cannot have been obvious to a person of ordinary skill in that relevant art.  This limitation against patenting "obvious" differences compared to what has gone before is intended to reserve the grant of patent rights only for significant, nontrivial developments. 

 

But one can indeed patent applied science that patentably advances the "useful arts," so long as the patent application discloses one or more physical "embodiments" in sufficient detail to allow a person of ordinary skill to make and use the invention.  Millions have done so after substantive examination of properly submitted patent applications.  People like Edison, Westinghouse, Bell, Morse, Ford. the Wright Bothers, Eastman, Salk, Jobs, Turing, Gates, Diesel, Pasteur, Szilard, Nobel, and thousands of others like them have, by their efforts in advancing technology through "useful" application of scientific principles, changed the world in extraordinary ways.

The scope or breadth of a patent is defined by its "claims."  These are specially worded, numbered paragraphs at the end of the patent, the broadest of which define the outermost scope or "metes and bounds" of the patent.  They carry a legal presumption of validity upon issuance of the patent. 

 

The permissible scope or breadth of the claims is intended to be no broader than the outer limit of what the law considers to be what is novel and, if novel, nonobvious, in relation to the prior art.  This scope may also be limited by how broadly the subject matter is "enabled" in the application.  The ideal patent claim would have a scope adequately supported by its specification that also patentably distinguishes from the closest prior art with the fewest possible limitations.

While a patent is in force (generally, 20 years from its filing date), the owner is entitled to exclude others from making, using, selling, or offering to sell anything in the issuing jurisdiction that falls within the scope of at least one of its valid claims. This helps protect the market of the owner and/or its licensees in the jurisdiction for authorized products, methods, processes and designs that fall under the patent.  Once the patent expires, the information it discloses is available for everyone to use, and to form the basis for other improved or entirely new patentable ideas.

 

This "exchange" or quid pro quo is the genius behind our patent system.  It affords the patent owner what is, in effect, the opportunity for a head start in the race to commercially exploit the scope of the patent, at least in countries in which the patent is issued.  And this system has had an enormous net positive impact on civilization as a whole. An almost infinite variety of extraordinary advances in medicine, food, pharmaceuticals, chemicals, processes, products, machines, computers, biology, and in virtually every other aspect of life stem largely from information brought forward in patent disclosures fueled by the lure of this exclusivity.  

  

Well-conceived and properly executed patent strategies can help you maintain market exclusivity for those key innovative concepts embodied in your company's most profitable products or processes.  Patents can also help leverage your investment in new, commercially valuable technologies and innovations through licensing.

 

We are definitely "pro patent."  We help clients use the US and overseas patent systems to secure patent protection for their new products and technologies, and to navigate potential patent issues with respect products or processes under development.  

 

For patent application work, a pre-filing search is often recommended, and can range from about $750 to $1,500, depending on many factors. A patent application itself can range from about $3,000 to $7,500, again, depending on the situation.

 

Besides searching and writing/filing patents, we provide many other patent-related services.  These include, for example, infringement opinions, validity opinions, patent subject matter audits, patent valuations, due diligence, license and other agreements involving patents, and a host of other patent-related matters. We also have extensive experience handling patent litigation, including enforcement of patents against infringement, defense of parties charged with infringement, and ex parte/inter partes matters before the USPTO's PTAB.  Costs for these services vary, and typical ranges of fees/expenses for these and other matters can be provided upon request.

 

Below is a small sampling of the hundreds of US patents we have written and/or prosecuted, broken down in various arts:

 

CHEMICAL/BIO (patent no., title, issue date)

4,879,351 Isomerized Terpene Tackifier Resins Nov. 7, 1989

4,938,785 Gas-Liquid Separation Jul. 3, 1990

5,057,294 Recovery and Regeneration of Spent MHD Seed Material by the

Formate Process Oct. 15, 1991

5,457,175 Low Softening Point Terpene-Phenol Resins Oct. 10, 1995

5,597,650 Conjugate carpet face yarn Jan 28, 1997

5,693,731 Polymerization of Dicyclopentadiene Dec. 2, 1997

5,840,581 Process for Somatic Embryogenesis of Sweetgum Nov. 24, 1998

5,844,071 Ink Compositions Dec. 1, 1998

5,959,010 Particleized Resin Having Improved Properties and Method of

Producing Same Sep. 28,, 1999

6,072,009 Methods for Vulcanizing Elastomers Using Monomeric Distillate By-

Product Jun. 6, 2000

6,252,135 Production of Syringyl Lignin In Gymnosperms Jun. 26, 2001

6,297,327 Elastomeric composition using monomeric distillate by-product Oct. 02, 2001

 

ENVIRONMENTAL (patent no., title, issue date)

4,727,031 Nutrient for Stimulating Aerobic Bacteria Feb. 23, 1988

4,747,728 Method for Distributing an Aqueous Solution Containing A Peroxygen

in Clay May 31, 1988

4,751,063 Process for Treating Spent Catalyst Including Antimony Halides From

Chlorofluorocarbon Production Jun. 14, 1988

4,925,389 Method and Apparatus for Treating Waste Containing Organic

Contaminants May 15, 1990

5,059,406 Desulfurization Process Oct. 22, 1991

6,146,104 Groundwater Recovery System Incorporating A Combination of

Pressure and Vacuum to Accomplish Removal of Groundwater Fluids

From a Downhole Pump Nov. 14, 2000

6,561,733 Method and Apparatus for Treating Landfills May 13, 2003

8,173,743 Silicone Resin Composition May 8, 2012

 

GENERAL/MECHANICAL (patent no., title, issue date)

4,889,445 Expansion Joint for Settable Compositions Dec. 26, 1989

4,955,242 Conveyor Belt Cross-Stream Sampling System and Associated Method Sep. 11, 1990

4,756,392 Stainless Steel Brake Rotor for Airplane Disk Brakes Jul. 12, 1988

4,819,886 Rotary Hammer Mill for Breaking Stone and Similar Material Apr. 11, 1989

5,336,141 Exercise Machine for Stimulating Perambulatory Movement Aug. 9 ,1994

5,456,739 Process for Reclaiming Aluminum from waste Paper and Packaging Oct. 10, 1995

5,505,096 Particulate Material Sampling Apparatus Apr. 9, 1996

 

MEDICAL/PHARMACEUTICAL (patent no., title, issue date)

RE 35,070 Root Canal Filling Device Including Releasably Reusable Inserter Tool Oct. 24, 1995

4,976,717 Uterine Retractor for an Abdominal Hysterectomy and Method of its Use Dec. 11, 1990

5,067,900 Apparatus and Method for Applying Gutta-Percha to a Carrier Nov. 26, 1991

5,104,316 Endodontic Instrument Apr. 14, 1992

7,806,690 Endodontic Instrument for Performing Root Canal Therapy Oct. 5, 2010

7,553,856 Crystalline Form of Omeprazole Jun. 30, 2009

7,632,843 Treatment of Psychostimulant Addiction Dec. 15, 2009

7,655,437 Synthetic Gene Coding for Human Granulocyte-Colony Stimulating

Factor for the Expression in E-Coli Feb. 2, 2010

7,834,176 Polymorph E of Olanzapine and Preparation of Anhydrous Non- Solvated Crystalline Polymorphic Form I of 2-methyl-4(4-methyl-1-piperazinyl)-10H-thieno[2,3-b][1,5] Benzodiazepine (Olanzapine Form

I) From the Polymorphic Olanzapine Form E Nov. 16, 2010

7,875,723 S-Omeprazole Magnesium Jan. 25, 2011

7,906,109 Pharmaceutical Composition Comprising an Active Principal and Sulphobetaine Mar. 15, 2011

7,943,585 Extended Release Antibiotic Composition May 17, 2011

8,053,444 Sirolimus Formulation Nov. 8, 2011

 

PAPER/PAPERMAKING/PRINTING (patent no., title, issue date)

4,755,259 Process for Papermaking Jul. 5, 1988

4,959,124 Method of Bleaching Kraft Pulp in A DZED Sequence Sep. 25, 1990

5,012,750 Apparatus for Recovery of Constituents and Heat from Fluidized Bed

Combustion May 7, 1991

5,017,416 Paper for Use in Ion Deposition Printing May 21, 1991

5,250,348 Improved Wrapper Paper for Use in Very Low Contact Pressure Applications Oct. 5, 1993

5,338,404 Method of Forming a Lignin Reinforced Cellulosic Product Aug 16, 1994

5,382,649 Thermoplastic Polyester-Imides from Trimellitic Acid, Propanediphenol and an Aromatic Diamine which have Improved Mechanical Properties, Their Preparation and Their Use. Jan. 17, 1995

5,389,201 Bleaching of Kraft Cellulosic Pulp Employing Ozone and R educed

Consumption of Chlorine Containing Bleaching Agent Feb. 14, 1995

5,417,810 Papermachine Headbox Cleaning System May 23, 1995

5,670,020 Foam Separation Method For Reducing AOX, COD, and Color Bodies of Kraft Pulp Bleach Plant Effluents Sep. 30, 1997

5,792,316 Bleaching Process for Kraft Pulp Employing High Consistency Chlorinated Pulp Treated with Gaseous Chlorine and Ozone Aug. 11, 1998

5,911,853 Method for Treating Paper Mill Condensate to Reduce the Amount of

Sulfur Compounds Therein Jun. 15, 1999

6,221,798 Method for Producing Laminated Webs Apr. 1, 2001

6,475,447 Apparatus and Method for Treating Sesquisulfate Waste Streams Nov. 5, 2002

6,656,401 Method for Extrusion Coating Multiple Webs Dec. 2, 2003

6,802,938 Low Density Paper and Paperboard Articles Oct. 12, 2004

7,281,360 Thermal Laminates and Laminating Method of Food Packaging Films Oct. 16, 2007

7,482,046 Cut Resistant Paper and Paper Articles and Method for Making Same Jan. 27, 2009

 
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