Leveraging intellectual property is a multi-faceted endeavor. There are different types of challenges – both within an institution and in the marketplace – from the moment of discovery and throughout the life of a product or business. Element IP possesses the skill and experience to provide counsel in all dimensions of this endeavor.
In many industries – and certainly chemical and life sciences industries – patents are an essential component of any intellectual property strategy. Our patent drafting and procurement team is composed of professionals who have demonstrated excellence in obtaining patent rights for clients, both at the drafting stage and in navigating examination before the USPTO and other patent offices.
Operating in a competitive business landscape requires the ability to identify opportunities and challenges relating to patents and other intellectual property and obtain favorable outcomes from intellectual property conflicts. Essential to such ability is access to sound legal advice. Our team provides clients with counsel drawing from extensive experience in confronting challenges at the nexus of business, technology, and law.
Licenses and agreements are the foundation of business relationships based on patents and other intellectual property rights. Such business relationships can exist, for example, when businesses employ inventors, when patents are transferred alone or as part of larger business transactions, when patent owners attempt to monetize patent rights, when businesses identify mutually beneficial areas for cooperation, and/or incident to resolution of an intellectual property dispute. Our team relies on years of experience in drafting licenses and agreements consistent with our clients’ goals.
While much of the action before the USPTO relates to obtaining patent rights, there are several ways for patent owners and challengers to request that the USPTO modify, improve, or strike down rights conferred by issued patents. Our team has extensive experience in navigating post-grant proceedings before the USPTO – from the mere correction of clerical errors to initiating or defending against challenges seeking cancellation of patent rights.
The validity of a patent may be challenged before the Patent Trial and Appeal Board (PTAB) using post-grant review (PGR), inter partes review (IPR), and covered business method (CBM) proceedings. With decades of experience handling proceedings before the USPTO and a deep understanding of the underlying technologies, our PTAB trial team is uniquely qualified to challenge patents on behalf of petitioners and to protect patents on behalf of patent owners.