When Fitch Even lawyers begin the process of drafting a patent application, it is with a clear focus on the larger business objectives of the invention. Our goal is to work with clients and define how the invention can best return value to their business, then craft an application that presents a compelling story about why the invention is unique and patentable. We ask the right questions and focus on the strongest arguments that support patentability at each stage in the patent’s life cycle—from U.S. Patent and Trademark Office approval, to monetization in a strategic venture or licensing arrangement, to effective enforcement against infringers. Many clients consider us an extension of—and partner in—their technology and strategic analysis functions.
Protecting Innovations Across the Globe
Our lawyers have helped some of the world’s most-sophisticated organizations protect and implement innovations in various fields, including:
- mechanics
- electronics
- chemistry
- advanced materials
- physics
- computer software and hardware
- biotechnology
- energy
Because intellectual property is truly a global asset, our firm has had a dedicated international group for over 55 years that regularly works with firms throughout the world to file patent applications via both the Paris Convention and Patent Cooperation Treaty. Our international group has a deep understanding of the specific rules and procedures in patent-granting countries and regions worldwide that allows Fitch Even to provide expert guidance with respect to where and when international filings should be made to enhance our clients’ global business objectives.
Empowering Market Leaders and Emerging Innovators
For companies that have a well-developed patent program, Fitch Even zeros in on the fundamentals for each potentially patentable innovation:
- Identifying key differences from prior art, and understanding their commercial significance
- Determining where the patent would fit in the client’s portfolio
- Considering advantages of additional types of IP covering the innovation in addition to or in place of a patent
- Assessing the competitive landscape and providing patentability and freedom-to-operate opinions to strengthen and fortify the client’s intellectual property positions
Emerging companies and individual inventors who are new to the patenting process benefit from our ability to efficiently leverage their financial resources to obtain patents that are attractive to venture capitalists or other strategic investors and can be effectively licensed, when appropriate, to support solid cash flow. On behalf of every client, we strive to secure patents that are respected by competitors, difficult to design around, and enforceable in court.
Consistent Counsel for Every Patent Stage
Fitch Even patent lawyers work diligently in a timely fashion to secure patent claims that provide comprehensive protection and considerable flexibility in the event of enforcement proceedings. We draft all patent applications with an eye toward potential litigation and a keen understanding of the legal principles governing effective patent enforcement. By giving each application the in-depth consideration it deserves, we help our clients avoid the pitfalls of patents that are drafted too narrowly to cover subsequent design evolutions, provide little flexibility to avoid unforeseen prior art, or make enforcement litigation unnecessarily complicated or expensive. The result is comprehensive and consistent counsel at every stage of patent preparation, prosecution, and enforcement.
Case Studies
Client: A small start-up with limited resources in a high-tech software environment
Problem: The client needed a global patent portfolio that would protect their core products as well as render the company attractive initially to private equity investors and ultimately to a large corporate suitor.
Solution: Fitch Even developed a global patent portfolio through preparation and prosecution of new applications and acquisitions of issued patents. Aspects of the portfolio were successfully asserted in litigation to stave off competition.
Result: The resulting portfolio was instrumental in raising millions of dollars annually in private equity investments for over 10 years. Eventually, the client was acquired by a large company, resulting in a good return on investment to the original investors.
