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Services

  Litigation In State & Federal Courts
  Real Estate
  Intellectual Property
  Patents
  Trademarks
  Copyrights
  Licensing
  Contracts & Transactions
  Business Law
  Corporations
  Partnerships
  LLCs
  Non-Profits
  Immigration Law (se habla Español)
  Landlord/Tenant
  Mechanics Liens & Construction Defects
  Aviation
  HOAs & Covenant Disputes
  Special Government Districts
 
 
 
 
 

Patents

  Patent law is a significant component of the practice of Hanes & Bartels, including: evaluation of patentability, filing and prosecuting U.S. and foreign patent applications, licensing, infringement opinions, and litigation.   Hanes & Bartels, LLC  
 

Areas of Technology

  The firm's patent attorneys have extensive experience in obtaining patents for corporations and individual clients. The firm has prepared and successfully prosecuted patent applications for clients in many diversified fields including semiconductors, structures, process instrumentation, internal combustion engines, fluid measurement, cargo securement, construction, telecommunication, food science, structural design, medical devices and procedures, explosive metal bonding, packaging, printing, and others.
 

What is a patent?

  Often referred to as Letters Patent, it is, in the sense of inventions, a writing or document issued by the U.S. Government securing to the inventor the exclusive right to make, use and sell the invention for twenty years from the date of filing of the inventorís application for patent. A patent is issued in consideration of the inventorís public disclosure of his/her invention. However, in addition to complying with strict requirements related to the content of a patent application, the application must disclose and claim a "patentable" invention before a patent will be issued.  
 

Patentability

Hanes & Bartels, LLC Although patents are often defined and discussed in terms of "invention", the term has not been legally defined, even by the U.S. Supreme Court. Accordingly, the patent statute declares that no one shall be entitled to receive a patent unless the claimed subject matter of a patent application is "patentable subject matter," is "novel" and would not have been obvious to one having ordinary skill in the particular art to which the application pertains at the time the invention was made. Following the filing of an application for a patent, the patent office examiner determines whether the application is in the required form and whether the invention claimed in the application is patentable by applying the above referenced tests.

With these criteria in mind and prior to incurring the cost of filing and prosecuting a patent application it is prudent to make a reasonable investigation into the potential patentability of the invention. Such an inquiry will also assist in framing the patent application to show how the invention relates to, or is an improvement on, what has been done before.

The firm uses several sources, including third party search firms, internet databases, and the United States Patent Office's search facilities to conduct preliminary patentability investigations prior to the preparation and filing of applications. Prior patents and publications that are found in the search and are relevant to the invention are discussed with the client in order that the client may understand the firmís evaluation of the probability of obtaining patent protection for the invention and so that the client may make appropriate cost/benefit decisions about going forward with a patent application.

 
  Time is of the essence in filing patent applications. In the United States, patents cannot be obtained if the application is filed more than one year from the date of first sale, offer for sale, or public use of the invention. Other countries also have timeliness requirements.  
 

The Patent Process

  Once a decision is made by the client to go forward with a patent application, the firmís licensed patent attorneys will work with the client to draft the necessary written description of a preferred form of the invention and alternative embodiments, if any, including necessary drawings. Also the attorneys will prepare a set of claims which are the part of the patent document that legally defines the invention for purposes of determining infringement of the rights of the patent owner. Following examination of the application by a patent examiner, the attorneys will respond to the examinerís claim rejections or objections by reasoned argument or by necessary amendment to the claims in an effort to secure the broadest patent coverage possible for the invention.   Hanes & Bartels, LLC  
 
In addition to applying for and securing United States patents, the firm is able, through an extensive network of experienced foreign associates, to file, prosecute, and obtain foreign patent protection in all countries of the world either directly or through the system of the Patent Cooperation Treaty (PCT).
 
 

Patent Infringement

  As stated, a patent is a grant by the government to the patentee of the exclusive right to make, use, and sell the patented invention for a given period of time. Issues involving infringement of this exclusive right take many forms, each of which is dealt with by the attorneys of Hanes & Bartels LLC. New products are evaluated to determine the probability of infringement of another party's existing patent rights. Infringement claims are analyzed and infringement opinions rendered, whether the claim is made by or brought against a client of the firm. After making an infringement analysis, the firm and its attorneys will do whatever is necessary to assist the client in obtaining a just and fair resolution, including litigation or licensing.  
 

Patent Litigation

  Hanes & Bartels, LLC   In the event that disputes involving claims of patent infringement or breach of licensing agreements cannot be resolved through negotiation, the firmís attorneys are experienced in mediating such disputes and litigating such issues in federal district courts. The firm also handles trial court appeals in appropriate appellate courts, including the United States Court of Appeals for the Federal Circuit and the United States Supreme Court.

In addition to being admitted to all courts in Colorado, the firmís attorneys have been admitted on a case by case basis in trial courts across the country and have participated in discovery depositions in many states of the United States and Japan. Individuals and businesses should adopt procedures to police the patents that they own in order to realize the full benefit of the exclusive rights that accompany the issuance of Letters Patent. Hanes & Bartels can be of assistance in guiding and implementing these efforts. Published cases involving significant patent infringement issues that have been litigated by Hanes & Bartels, formally Hanes & Schutz LLC:
 
 
Innovative Scuba Concepts, Inc. v. Feder Industries, Inc., 27 U.S.P Q.2d 1254, 819 F. Supp. 1487 (D.Colo.1993), revíd.26 F.3d 1112 (Fed. Cir. 1994)

Valmont Industries, Inc. v. Enresco, Inc., 170 U.S.P.Q. 481 (Colo. 1971)

Injection Research Specialists v. Polaris Industries, L.P. 759 F.Supp. 1511, 59 USLW 2628, 18 U.S.P.Q.2d 1800, (D.Colo. 1991)
 
 

Patent Licensing

  In addition to the enforcement of patent rights, through litigation if necessary, licensing of patent rights may become a lucrative reward for the expenditures incurred in creating and perfecting the invention and obtaining the patent rights associated therewith. Effective licensing agreements can be implemented with the assistance of Hanes & Bartels LLC.  
 
  This website is not intended to constitute legal advice and may not reflect the most current legal developments. The information contained in this website is provided only as general information. By posting and/or maintaining this website and its contents, Hanes & Bartels LLC does not intend to solicit legal business from clients located in states or jurisdictions where Hanes Hrbacek & Bartels LLC or its individual attorneys are not licensed or authorized to practice law. Responding to this website does not create an attorney/client relationship.