We specialise in drafting, filing and obtaining Patent and Design protection for our clients as well as advising our clients on all matters relating to Patents and Designs.
Our services mainly fall into these areas:
Applying for a Patent or Design
This is what we do, all day, every day. It is what we are good at. Contact us and tell us your idea, innovation or development in confidence, then we will work out the best way to protect this valuable asset that you have just created.
Every invention or design is different so there is no one size fits all. Get in touch with us, and we will advise you on the best options forward.
Patent Specification Preparation
If patent protection is suitable for you, then we will need to prepare a legal document known as a patent specification. The patent specification will then be filed before the Patent Office as proof that you came up with the invention at particular date. The patent specification may also outline the scope of the protection that you want to claim too, that way you can mark out exactly when another party will infringe your patent.
Every invention is different, and every inventor is different too. We recognize the skills and value of the inventor and will endeavour to ensure a suitable patent specification is prepared for the invention so that the protection process will be clearly laid out for a good start on your commercialisation journey.
In many instances, once a patent application is in progress, it is required to undergo Examination for patentability requirements. These requirements include a few different criteria but typically includes a test for novelty (whether it is new) or inventiveness (that the invention is not obvious).
It is an Examiner’s task to ensure that a patent application meets with these criteria and therefore it is not uncommon that an Examiner may suggest some changes or raise some objections. It is then our job to find and submit arguments and/or amendments to convince the Examiner to withdraw the objections.
The results of the prosecution process are often unforeseeable, but we can certainly assist our clients to identify possible ways in which we can address any objections. In many instances, the objections can be overcome. With our Principal being a former Patent Examiner, we are well versed in the office procedures and mindset of Patent Examiners when preparing a response to these objections.
Taking your protection overseas
Patents and designs are a jurisdictional instrument. This means you will need to obtain patents or designs overseas too if you require protection elsewhere. There are specific time limits, requirements and restrictions to obtaining protection overseas.
With our cross border experiences, we will be able to advice you on this process and guide you through the process with obtaining protection within Hong Kong, Mainland China, the United States and beyond.
Patent or Design Validity and Infringement Advice
You could be the subject of a potential or present infringement suit, or you may also be considering the enforcement of your own patents or designs against another party. We can assist in this process by performing patent searches on your behalf, reviewing the patents or designs against an offending product or search results, and providing you with advice as to infringement or validity of the patent or design. This advice may then be used by you for further valuation or other commercial or legal purposes.
Litigation or the commencement of legal proceedings against another party do take place from time to time due to disputes regarding infringement of IP rights. When working with you, we may work in conjunction with a specialist litigation lawyer to see that your rights are enforced or defended as best possible under the circumstances.
Just because someone claims to have a patent or design, it does not mean that the patent or design is of value to you. This is because there are many variables that may determine whether a patent or design is relevant to your business or not. Therefore, just like any investment, you may need to perform some thorough checks before you proceed with a valuable transaction.
We will be able to review a patent or design as required to ensure that the patent or design was correctly filed, or the scope of protection offered by the patent or design is likely to be of value to your business. The results may be surprising, or they may reveal possible problems which can help you to renegotiate your acquisition costs. Whatever it is, a pre-transaction check may help your business reach a fair or advantageous transaction.