Accelerated examination of patent applications for technologies not strategically impacting your business in the near term is usually unnecessary.  However, accelerating patent rights formation for technologies that may grow in strategic importance for your business can be achieved in the near term, even though prosecution by the U.S. Patent and Trademark Office remains in backlog. 

How, you ask?  Simply put, we work with our clients to file detailed, specific and numerous related patent applications, while at the same time requesting early publication.  Our experts believe this approach gives our clients the best offensive and defensive positions in the short term while satisfying the need for longer-term asset protection.

Here’s a breakdown of the Berenato & White patent rights acceleration process:

• First, we focus on the novel aspects of your new and emerging products.
• We will prepare an application on your behalf in shortened form, not exceeding 30 pages.
• We will conduct a “pre-examination” analysis of the specification to identify and select a limited set of prior art references. This comprehensive “pre-exam” is the magic elixir in speeding up the patent process.
• We will identify commercially viable claims, write them to survive examination, then verify a high probability of allowance, and make claim amendments if needed.
• We will file an application with a minimal number of claims and include at least one “picture claim.” The claims will cover the product features you believe are winners.
• We will file the application along with a request for early publication, and file an Information Disclosure Statement citing relevant prior art references.
• Upon publication, we can place competitors on Notice in writing.
• You will accept claims allowed by the Patent and Trademark Office (PTO), accept any awarded Patent Term Adjustment, pay the issue fee, and file a continuation as a second related application for broader or non-allowed claims if any.
• We will request early publication in continuation.
• Upon publication in the Continuation filing, we can place competitors on Notice in writing.
• Upon Issuance of the first filed application, you can seek reasonable royalties from the date of first publication from any who infringe Noticed claims.
• We can appeal any Final Rejection in the Continuation filing.
• Upon successful Appeal, you will pay issue fee, Patent Term Adjustment adds back term lost during Appeal.
• Additional continuations can be filed as needed to cover your technology space.