Patent Preparation and Prosecution

When your business develops a new product or invention, protecting that intellectual property is essential for profitability now, and in the future. At DiBerardino McGovern IP Group LLC, our lawyers work tirelessly to help U.S. and international businesses prepare, file, and protect patents. Through dedicated research and analysis, we identify the optimal path forward for our clients. Whether your business is at the initial stages of patent preparation, or ready for review by the USPTO, you can count on us to protect your best interests.

How we help your business

The patent preparation process starts by searching for previous products. Has someone else already created your invention? Is your product different? If so, how is it different? Our attorneys scour databases of issued patents, published patent applications, as well as non-patent literature from the U.S. and abroad to answer these questions. We skillfully guide you through each stage of the patent prosecution process, including:

  • Devising a strategic IP protection plan.
  • Advancing claims that define your invention.
  • Preparing and submitting patent applications to the United States Patent and Trademark Office (USPTO).
  • Arguing the patentability of your product or idea.

By conducting a thorough and in-depth “prior art search,” our lawyers are able to develop a patent application focused on providing you the highest level of coverage. Our attorneys work closely with you to determine the type of application you need — provisional patent application, a non-provisional (utility) patent application, or a PCT application. No matter what type of patent you need, we ensure the final draft is ready for submission and review by the USPTO, WIPO, EPO, and JPO.

Patent prosecution

Patent prosecution involves filing and preparing an application and seeking protection for the patent application with the patent office. It involves regular correspondence between your lawyer and the U.S. patent office. The examiner interview is a critical stage of the patent prosecution process. Our attorneys work with Patent Office examiners to ensure documents are filed properly and on time.

We work directly with the patent office to advance your application in the following ways:

  • Present your perspective in examiner interviews 
  • Present your perspective during oral arguments before the board in patent appeals and interferences
  • Reissue applications and post-grant procedures for patents that have issued

Our attorneys collaborate with a network of attorneys in non-U.S. jurisdictions to secure foreign patent rights.