Bakersfield Patent Lawyer 

Looking for a Patent Attorney in Bakersfield?  Inventors, entrepreneurs, and innovative businesses throughout the Central Valley of California have relied on the trusted team of patent lawyers and professionals at Sierra IP Law, PC to protect their inventions, designs, and technologies for over a decade. We have the expertise to procure patent protection for your inventions and designs.  It is important to promptly initiate the process of evaluating potential patent protection with a patent attorney before you disclose your invention or offer it for sale.  Failure to evaluate the possibility of a patent for your innovation with a skilled patent attorney can result in a loss of patent rights, which may be a significant detriment to your business and the value of your new product or service.  Contact our Bakersfield office for a free consultation with one of our patent lawyers.

Services provided by our Patent Lawyers and Professionals

Our patent attorneys have decades of experience spanning all areas of patent law and practice. Sierra IP Law, PC offers a comprehensive suite of patent legal services, including patentability analyses, patent applications and prosecution, patent licensing, and patent enforcement. We also have expertise and provide client's with legal advice and services in other intellectual property areas, including trademarks and service marks, trade dress, industrial designs, copyrights, and trade secrets. Our patent attorneys are accepted to practice in all California courts, including Federal Court in Bakersfield and all federal district courts in California, the United States Patent and Trademark Office (USPTO), and the Patent Trial and Appeal Board (PTAB). Our firm also features engineers and science professionals that provide a breadth of technical knowledge, including in the technical fields of industrial technologies, automotive technologies, chemical technologies, medical devices and methods, life sciences and biotechnology, plant cultivation and agricultural technologies, electronics, software, semiconductors, and consumer products and designs. A more detailed discussion of our services is provided below

Patentability Assessment by Experienced Patent Lawyers and Professionals:

Before submitting a patent application, it is important to seek the assistance of a skilled patent lawyer to assess the probability that an invention would be considered patentable by the patent office. A patentability search and analysis will allow you to conduct a cost-benefit analysis of filing a patent application prior to doing so. The patent application process is a significant economic investment, and your should have a good idea of the likelihood of success before pursuing a patent on your new technology. We have the experienced patent attorneys and technical expertise to provide a comprehensive search of related and relevant technologies that are publicly known ("prior art"). Prior art includes any previous patent filing that has been published, trade journals, scientific publications, products in the marketplace, or any other source of publicly available information that is similar to the invention. Our team is skilled in searching the relevant patent databases (including US and foreign patent databases), scientific and trade journals, and other sources to provide a thorough patent search.

Analysis of Search Results to determine Patentability

Evaluating the patent search demands a thorough understanding of patent law, the technology of the invention, and analytical skill in comparing the prior art to the invention. The task of sifting through these references to highlight the relevant prior art and assess whether the inventor's technology is sufficiently distinctive from the prior art is painstaking, complex, and is the dominion of patent experts. There are two essential criteria for patent eligibility that evaluated in a patentability analysis – novelty and non-obviousness.

Patent Law Definitions: Novelty

If all elements of a claimed invention are disclosed expressly or inherently in a single source (e.g., any prior art source, such as a patent document, a scientific paper, a consume product, etc.), the invention is anticipated and lacks novelty. Inherent disclosure is best explained by an example. If a described electronic device has a specific circuit design that necessarily operates at a certain frequency as a result of that design, even if the frequency is not mentioned, it can be seen as inherently disclosed.

Patent Law Definitions: Obviousness

A patent claim may be obvious and unpatentable if a person having ordinary skill in the relevant art (POSITA) would find it obvious to combine the teachings available in the prior art (e.g., the disclosures of multiple prior art references) to arrive at the claimed invention. The level of skill of the POSITA depends on the particular area of technology. For example, the level of skill of a POSITA in the field of agricultural equipment might be a technician that assembles such equipment, whereas as the level of skill of a POSITA in the field of semiconductors may be an electrical engineer.

Once the level of technical skill is determined, the patent attorney must analyze the prior art to determine whether there is a sufficient rationale or basis to combine the teachings of the prior art to arrive at the claimed invention.

Patentability Analysis Requires Legal Knowledge and Skill

To determine with accuracy the likelihood that a patent will granted for a particular invention requires the expertise and skill of an experienced patent attorney. An effective patent attorney must have thorough knowledge of US patent law, including the statutes, case law, and administrative rules set by the USPTO and have experience in applying the law in order to form accurate patentability opinions. The patent attorneys at Sierra IP Law have decades of experience in practicing patent law through which they have mastered the process of evaluating patentability. Contact our Bakersfield office for a free consultation regarding your invention and its patentability.

Patent Application & Prosecution

If the patentability analysis is favorable, you have the opportunity to pursue a patent application covering your invention or design. Patent applications are highly detailed documents that must satisfy several different patent law requirements. The document must have certain formalized elements in order to be considered by the patent office, including a specification providing written description of the invention, drawings that aid in understanding the invention, at least one claim defining the patent rights that you are seeking to secure, and an abstract. If the patent application does not include these elements, it will not be assigned to examiner and a patent will not be granted.

There are also many nuances in patent law that go beyond the basic statutory requirements that must be considered by the patent attorney drafting the application. These rules of patent drafting must be observed in order to avoid problems in the patent examination process and in enforcing a patent granted from the application. The assistance of a skilled patent lawyer is necessary to properly navigate the subtleties of patent law and to successfully pursue a patent filing.

Our seasoned patent attorneys have years of experience in filing patent applications and prosecuting them before the US Patent and Trademark Office. We work closely with you to identify the ideal scope of patent protection for your invention, and pursue a patent that provides maximum value to your business. If international patent rights are on your radar, our global network is at your service. We regularly file Patent Cooperation Treaty applications (international patent filing) and national stage applications for our clients and guide foreign patent attorney associates in prosecuting these applications.

Patent Examination

Once a patent application is properly prepared and filed, the application will be assigned to a patent examiner after a few months in a backlog queue. The examiner will conduct a comprehensive search for prior art related to the invention and analyze whether the claims are patentable in view of the prior art found in the search. Following this, the examiner will issue an office action outlining their stance on the invention's patent eligibility, rejecting patent claims that the examiner believes are unpatentable based on any number of bases (e.g., lack of novelty, obviousness, lack of written description, lack of enablement, improper patent subject matter, and other bases), identifying any patent claims deemed fit for patenting, and explaining the rationale for the examiner's positions. Navigating these refusals and addressing them effectively requires the expertise of a seasoned patent lawyer well-versed in the legal requirements of a proper patent application and the standards under which patents are granted.

Responding to the Patent Office

Office actions issued by patent examiners must be carefully analyzed to determine whether the patent examiner has properly interpreted the prior art, the examiner has properly interpreted the patent claims, the examiner's rejections have proper legal standings, and how the examiner's rejections can be overcome. The patent attorney must determine patent claim amendments and/or legal arguments that are sufficient to overcome the rejections issued by the patent examiner. The patent attorney then drafts a response that addresses all of the rejections and legal issues raised in the office action and submits it to the patent office. The examiner then reviews the response, considers the amended claims and/or arguments, and reassesses the patentability of the invention. If further rejections are issued, the patent attorney and patent owner may choose to further engage in the examination process or file an appeal to the Patent Trial and Appeal Board (PTAB).

Patent Appeals

Appeals remove patent applications from the patent examiner's control, and places the authority to determine patentability issues in the pending application in the PTAB. In the appeal process, the patent examiner and the patent applicant are opposing parties in the appeal and the administrative patent judges of the PTAB evaluate each of the parties positions and rule on the patentability issues appealed to the PTAB. Appeals before PTAB require the skill of experienced patent attorneys that have extensive experience in both patent prosecution and patent proceedings (e.g., patent litigation, patent disputes before the PTAB, and related legal matters). Our patent lawyers and professionals have the breadth of experience, including in patent prosecution and patent disputes, needed to effectively carry your invention through the patenting process from preparation and filing to patent appeals.

Managing Your Patent Portfolio:

Trust Sierra IP Law, PC to manage your intellectual property assets effectively. We keep you abreast of crucial timelines like patent renewal dates and any legal changes that could impact your patent rights.

Patent Licensing & Transactions:

Our Bakersfield patent attorneys are experts in crafting patent licensing agreements that protect your interests while maximizing your patent's financial potential. We also offer due diligence services and can negotiate licensing terms for the use of third-party patents.

Patent Enforcement & Legal Action:

If you believe that someone is infringing your patent, our patent attorneys are highly skilled in patent infringement analysis and claim evaluation. We evaluate your case and consult with you to decide the best course of action, often starting with a cease-and-desist letter. Should litigation be necessary, our legal experts are prepared to represent you in court, advocating vigorously for your patent rights.  We also provide litigation defense in patent cases, if yourself accused of patent infringement.

Secure Your Invention with Experienced Patent Attorneys serving Bakersfield 

If you are an inventor, entrepreneur, or business that has developed a new innovation, schedule a risk-free, confidential consultation with the experienced legal team at Sierra IP Law, PC today to learn more about your potential patent rights and legal options. Navigating the patent process is complicated. However, our patent attorneys have decades of experience and can efficiently and effectively assist you in seeking patent protection.  Choose a patent attorney Bakersfield trusts to safeguard your invention and intellectual property rights. Our team at Sierra IP Law, PC is committed to protecting your valuable intellectual property. Contact our Bakersfield office today for a complimentary consultation.