At Hyperion Law, I work with clients to develop and execute a strategic plan to identify and protect company IP assets, in line with the business needs and objectives of the company.
The initial consultation is a confidential conversation in which you and I identify what you think will be the critical drivers of your technology and company value in the next 20 years, and how a patent can best help. This conversation typically includes discussions regarding:
- the company’s technology, current position, and goals;
- why the company might need a patent, pros/cons of investing in patent protection;
- questions the company will need to address during engagement (obviousness, business utility of patentable claims, importance of filing dates and why sooner is better); and
- for companies with existing patent portfolios, the existing strategy for maintaining and/or updating protection as new technology develops.
The results of this conversation include providing you with an understanding of: 1) whether you might have anything patentable now; 2) whether or not you ought to apply for a patent any patentable innovations; and 3) the options and costs of doing so, if appropriate.
In addition to the preparation and filing of patent applications, Hyperion frequently assists clients with intellectual property requests that are independent of the filing and prosecution process. These requests include requests for:
- preparation of schedule of patents (e.g., for investors);
- review/revision of pre-filing presentations to prevent an enabling public disclosure;
- analyses of third-party technology and patents;
- employee seminars to educate employees as to how to identify potentially patentable work and how the patent process works;
- evaluation of how well existing claims track to current business priorities and update if/when
- on-going analysis of IP portfolio to ensure protection for newly developed technology.
Hyperion Law provides an engagement model that enables clients to address these and many other intellectual property concerns.
Filing and Prosecution
The drafting, filing, and eventual prosecution of patent applications begins with a discussion with the company’s key technologists and business leaders regarding 1) the company’s technical and business innovations, 2) the company’s perception of what is key to the business and should be protected, and 3) the company’s estimated budget for protecting key innovations. Detailed discussions with the company’s key technologists include a discussion of distinctions between new developments and existing company IP (if any), closest competitors and potentially relevant documents. After these discussions, the company receives a prioritized list of innovations, recommendations regarding if/how to protect each of those, and budget for doing so; at this point, the drafting and filing process begins.