Sacramento Patent Lawyer

We provide quality Patent Services to the Sacramento area

If you are in the Sacramento area and are seeking a patent or are in need of guidance on the patent process, Sierra IP Law's experienced patent attorneys and professionals provide quality patent services. Sierra IP Law is boutique intellectual property law firm providing a full suite of intellectual property legal services, including in the areas of patents, trademarks, copyrights, licensing, and litigation. The patent attorneys at Sierra IP Law have acquired hundreds of patents for our clients and have expertise in patent applications, patent licensing, and patent enforcement and defense. Contact our Sacramento office for a consultation with one of our patent attorneys.

Our Patent Lawyers

Our law firm is staffed with highly experienced and skilled patent attorneys with excellent professional qualifications, who are licensed to practice law in California, including in federal court in Sacramento and all state and federal courts in California, and before the United States Patent and Trademark Office (USPTO). Each of our patent attorneys has attended an accredited law school, underscoring the importance of a law school education in acquiring a profound understanding of patent law and mastering the skills necessary for drafting effective patent applications. Our patent attorneys have decades of experience in a breadth of intellectual property matters, including in trade secrets, trademarks, copyrights, and represent clients and provide legal advice in all of these legal disciplines. Our staff also includes engineers and scientific professionals that have deep knowledge in many scientific disciplines and extensive technical skills who assist our patent lawyers, allowing our firm to provide proficient in our technical analysis and understanding of our clients’ inventions and designs.

Patent Lawyer Services

Sierra IP Law offers comprehensive patent legal services for evaluating the patentability of inventions, filing patent applications, prosecuting patent applications to acquire patents, evaluating patent validity and infringement, licensing patents, enforcing patent rights, and defending clients against infringement claims.

Patentability Analysis

Prior to filing a patent application, a patentability analysis should be conducted by experienced patent attorneys to determine the likelihood that a patent will be granted for a particular invention. Our patent attorneys and professionals are highly skilled in evaluating the patentability of new designs, technologies, and inventions.  We have experience in a wide variety of industries and technical fields, including electronics, semiconductor design and manufacturing, software, engines and industrial technologies, biotechnology and life sciences, medical devices and methods, chemical technologies, agricultural machinery and chemicals, consumer products, and many others.  Patent searches require several types of expertise and significant resources.

Patent Searching

Patent searches require a comprehensive search and analysis of previously patent filings, publications, products, and other publicly available information throughout the world. Any publicly information that is similar to the your invention or design is “prior art”. We perform thorough searches of the patent databases, including USPTO database, the European Patent Office (EPO) database, the World Intellectual Property Organization (WIPO) database, and others. We also search scientific literature sources, trade publications, and other internet databases to provide a highly thorough patentability search. Patent law prevents the issuance of a patent on a design or technology that (1) was previously disclosed to the public or (2) is similar to a previously disclosed designs or technologies and would be an obvious advancement over the prior art to a person having ordinary skill in the relevant art (a “POSITA”). A proper patentability analysis requires a thorough a search of the patent and prior art sources to facilitate a valid patentability determination. Our patent attorneys and professionals have the tools to perform a proper patent search for your design or invention, whatever type of technology or innovation it may be. Both patent agents and attorneys play crucial roles in the patent search process, with patent agents often bringing specialized technical expertise to the table.

Analysis of the Patent Search Results

The analysis of patent search results to determine whether a design or technology is patentable is a nuanced process that requires extensive knowledge of patent law and high degree of skill in technical analysis. While a layperson may do a decent job of identifying relevant prior art, the process of vetting the prior art for the most relevant disclosures and determining whether the inventor's innovation meets both of the critical requirements of a patentable invention: novelty and non-obviousness.

Novelty under US Patent Law

Patent law requires that a claimed invention meets the novelty requirement of 35 USC 102. A claimed invention is considered "anticipated" and not novel if all aspects of the invention are expressly or inherently disclosed in a single prior art reference (e.g., a patent, a patent application, a single technical article, a single product, etc.). A feature of an design or technology that is not explicitly described in a prior art reference, but that is necessarily present in a technology described is considered inherently disclosed. For example, a patent application may describe a glass material made from a specific combination of materials. Even if the patent application doesn't mention the glass's refractive index, it may be inherent based on the disclosed glass composition.

Obviousness under US Patent Law

US patent law also requires that an invention is not obvious. See 35 USC 103. Analyzing obviousness is a nuanced process that requires extensive knowledge of the patent statutes, administrative patent rules, precedential federal courts decisions, and the administrative decisions issued by the Patent Trial and Appeal Board (PTAB). To grasp the concept of obviousness, patent lawyers need significant legal research, patent prosecution, and patent litigation experience.

One of Ordinary Skill in the Art

The patent attorney must first make a determination of the level of skill of a person having ordinary skill in the relevant art (a "POSITA") and a thorough reading of the prior art through the lens of the POSITA. The level of skill of the POSITA depends on the particular technical field of the invention. To accurately identify the level of skill of the POSITA, it's essential to have the expertise of an experienced patent lawyer and technical knowledge in the field of the invention during the evaluation of its patentability.

Analyzing Patentability through the eyes of a POSITA

A patent lawyer must then analyze the prior art to determine what features of the invention are disclosed in the prior art and whether it would be obvious to the POSITA to combine the teachings of the prior art to arrive at the invention. If so, the invention would be considered obvious and unpatentable.

Our patent lawyers have the required intellectual property law expertise and technical knowledge to provide an effective patentability analysis to determine whether a patent application should be filed and your options for pursuing one or more patents. Contact our Sacramento office for a free consultation with an experienced patent attorney.

Patent Applications and Prosecution:

The patent lawyers at Sierra IP Law have been filing and prosecuting patents before the US patent office for decades.  They have expert knowledge in filing patents and the patent application process, and are highly skilled in dealing with patent examiners.  We work with you to determine the optimum patent coverage that you require for your new product, machine, or service, and work efficiently to procure intellectual property rights for your design or innovation.  We confer with you at each step of the process so that we addressing your needs and we acquire patents with maximum value for your business plans.  Sierra IP Law also has relationships with foreign patent lawyers that enable us to pursue exclusive rights in other countries, if you need foreign patent protection. The patent lawyers at Sierra IP Law have passed the patent bar, an examination administered by the USPTO, which is a prerequisite for practicing patent law.

Preparing the Patent Application

A patent application is a highly detailed document that provides a description in sufficient detail to allow a POSITA to practice the invention without having to engage in extensive experimentation to figure it out. The patent application also includes detailed drawings and claims that define the scope of the exclusive rights provided by the desired patent, if it is granted. The patent application process has many subtleties that must be observed in order to avoid delays in the patent examination process and to achieve the strongest possible issued patent. In particular, the art of patent claim drafting and amendment practice before the patent office is esoteric and requires significant skill. While entrepreneurs and small businesses often consider drafting applications without the assistance of a patent attorney, it is always recommended that inventors and businesses seek the assistance of patent lawyers that regularly practice patent law and understand the patent system.

Patent Examination Process

Once a patent application is submitted, it is directed to a relevant art unit within the USPTO and is evaluated by a patent examiner. Typically, there is a significant delay to the start of the examiner's review, which can range from about six months to well over a year. It is important to note that the status of the invention is "patent pending" as soon as the patent application is submitted to the USPTO. This means all items related to the invention, including products, manuals, documents, and any promotional materials, can bear the label "patent pending".

Patent Examiner Search and Analysis

The examiner will conduct a search to identify previous patents and other prior art that resemble the applicant's technology. After evaluating the patent claims, the reviewer will form an initial judgment on the invention's patentability. Subsequently, the examiner will deliver an "office action", indicating whether any claims are deemed patentable, which are not, and the reasons for any denials. The office action might highlight concerns based one or more formal requirements and similarities with earlier patents or prior art. Given the complexity of these matters, it is challenging for an applicant to address these issues raised in an office action without the expertise of a seasoned patent lawyer who is proficient in handling patent cases before the United States Patent and Trademark Office.

Patent Attorney Responses to Office Actions

A skilled patent lawyer can analyze an office action and the prior art cited therein and determine the weaknesses in the examiner's rejections and positions. This is a critical step in the patent application procedure. It is in the analysis and response to the office action that the patentability and the scope of patent protection is determined. The patent lawyer must understand the applicant's technology and the prior art cited in the office action, and determine a strategy for amending the claims and present arguments to the examiner pointing out the factual and legal flaws in the rejections. Further office actions may be issued. However, if a patentability analysis was conducted and the decision to file an application was guided by patentability analysis, the application will advance and become a patent.

Appealing a Patent Application

If an examiner maintains rejections in the face of claim amendments and arguments submitted by a patent attorney and the inventor or applicant disagrees with the examiner's rejections, the case can be appealed to the PTAB. The PTAB is made up of patent judges who assess the application and examination history, taking into account the positions of the applicant and the examiner. The appeal procedure provides an administrative mechanism that shifts the decision on the patentability of the invention from the examiner to the PTAB judges. Only a fraction of applications for patents reach the appeal stage, the potential need to appeal an application underscores the importance that an applicant seeks guidance from experienced patent attorney. A skilled patent attorney understands how to prosecute an application and set it up for a successful appeal before the PTAB.

A patent attorney must practice intellectual property law for many years to develop sufficient skill and experience to properly handle patents from beginning to end. The patent attorney should be able to develop a strategy for utilizing the unique features of the client's innovation to distinguish client's application from the prior art, and prosecute the patent application efficiently and effectively. The patent attorneys and professionals at Sierra IP Law are proficient in handling patents. Contact our Sacramento office to discuss your invention and potentially pursuing patent protection with a skilled patent attorney.

Maintenance of Patents

Sierra IP Law will help keep track of your intellectual property portfolio, as well as help you stay on top of things like renewal dates, changes in law that impact you, and more.

Licensing Patents

Sierra IP Law can assist with licensing your intellectual property to third parties.  Licensing services can play a pivotal role in monetizing your patents. Navigating the complexities of licensing agreements requires expertise. Our patent lawyers are well-versed in crafting licensing deals that protect your interests while maximizing the potential value of your patents.  A skilled patent attorney can also perform due diligence and negotiate licensing agreements for your use of third-party patents.

Enforcement and Litigation of Patents

Patent disputes can arise when a party inadvertently or intentionally makes, uses, or offers for sale an article, composition, service that is covered by one or more issued patents. Patent infringement is a highly intricate and specialized analysis that cannot be performed by a layperson. A patentee needs the assistance of an experienced and skilled patent attorney to determine whether an infringement has occurred. As a first step, a patent attorney must interpret the patent claims believed to be infringed and the infringing article or method to determine how the claims will be interpreted by a court and the likelihood that infringement would be found by a jury.  Our patent lawyers evaluate the infringement matter and then consult with you to determine the appropriate strategy for moving forward.  Typically, a cease and desist letter is the first communication with the infringing party.  The cease and desist letter may lead to the cessation of the infringement or to a licensing negotiation.  However, some infringement situations lead to patent litigation. In such scenarios, our professionals will navigate the complexities of the courtroom and diligently pursue the enforcement of your patent rights. From initial consultations to courtroom representation, our team is committed to safeguarding your innovations and ensuring that you enjoy the benefits of you patent rights.

Protect your Intellectual Property with Sierra IP Law, PC

Engage a patent lawyer Sacramento trusts to safeguard your patent rights and provide legal advice in the intellectual property area. The patent attorneys at Sierra IP Law, PC understand how important your intellectual property is and have the skill and experience to protect it.  Contact Sierra IP Law's Sacramento office for a free consultation with an experienced patent lawyer.