Accomplished Law Firm Provides Comprehensive Legal Support to Inventors and Technology Companies
Respected attorneys provide astute guidance in patent prosecution and litigation matters
Patent protection and enforcement is a vital part of the financial success and growth of many companies. At Christopher & Weisberg, P.A., we strive to deliver high quality and effective representation to clients around the globe. Our attorneys know how to assess the viability of a patent, as well as how to aggressively enforce your patent rights when infringement occurs. With decades of experience and many of our attorneys holding advanced degrees in a range of technologies, we understand the legal and practical challenges inventors and companies face and can offer personalized advice on protecting your interests. Whether you need a validity opinion, want to file a provisional patent application or sue for infringement, we will carefully review your circumstances and thoroughly explain your legal options.
What is the distinction between a design and utility patent?
Filing a patent application is a large undertaking that requires a substantial investment of time and money. Consequently, choosing the appropriate type of patent, as well as determining the optimal time to file it, is key to obtaining broad protection and exclusivity rights. Generally, design patents cover the aesthetics or ornamentation of a product, and utility patents relate to the creation or improvement of a new and useful process, product, machine or composition of matter. Deciding when to file depends on many factors, but questions you should consider include:
- Is the current product the version you intend to sell or are extensive changes still necessary?
- Is there a sufficient market for the product?
- Are you ready to seek investors or otherwise release information about the product to the public?
We are skilled at drafting patents for a diverse range of technologies and will help you identify when and where to file your application.
What types of remedies are available for patent infringement?
An experienced attorney can help you determine an appropriate course of action if you believe someone has infringed on your patent rights and develop detailed strategies to stop the infringement. Examples of possible remedies include:
- Enforce your patent rights by entering into a license agreement with the infringing party
- Obtain an injunction blocking the infringing party from manufacturing or selling your product
- File a lawsuit and seek to collect damages for royalties or lost profits
Our firm has extensive experience resolving patent infringement issues and will use the full force of the law to protect your rights.
What are some common defenses to allegations you violated a patent?
Some patent holders can be overzealous in identifying and asserting potential infringement by a perceived competitor, and strong and thorough defenses need to be mounted in response to limit possible liability. Examples of the most common defenses asserted to overcome infringement claims include:
- Non-infringement — The product at issue is not covered by the plaintiff’s patent.
- Invalidity — The patent is invalid, even though granted, because the defendant violated basic patent rules, such as withholding required information from the examiner.
- Equitable estoppel — The patent holder misled the alleged infringer into believing it would not assert their patent against the alleged infringer, and the alleged infringer relied on this representation.
Taking a forceful stance against allegations of infringement is central to controlling the scope of negative outcomes, and we know how to successfully attack and overcome infringement claims.
Contact a knowledgeable law firm to schedule a free initial consultation
At Christopher & Weisberg, P.A., we address a variety of patent law issues and represent clients across the globe, including Europe, Asia, the U.S., South America and Central America, in complex patent prosecution and litigation matters. Call (954) 820-6487 or contact us online to schedule a free consultation.