Find Lawyers in Denver, Colorado for Patent Law
Practice Area Overview
A patent is a contract between an inventor and the government. The inventor provides a complete description of the invention to the public in an application for patent. This benefits the public by providing knowledge of the invention for use as a foundation for additional innovation. In return, if the invention is new (as compared to everything known to the public prior to the invention), a patent is issued. This patent gives the inventor a right to exclude others from making, using, offering for sale, or selling the patented invention throughout the United States, and from importing the invention into the United States, for the life of the patent, usually 20 years from filing.
Grant of a patent does NOT itself give an inventor a right to exploit the patented invention – it only gives the inventor a right to exclude others from practicing the invention. For example, if an inventor makes an improvement to a previously patented machine, and gets a patent, the inventor can prevent the owner of the original patent from using the improvement. However, the inventor may not be able to exploit the improvement itself, at least until the original patent expires, because such exploitation might infringe that original patent.
Title 35 of the United States Code (the “Patent Statutes”) set forth the standards and procedures for obtaining patents. Patents are granted by the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce.
The following items are patentable under these statutes:
- Processes: new methods of doing something
- Machines: engines, machinery, instruments, gadgets, etc.
- Articles of manufacture: circuits, tools, structures made of metal, plastics, ceramics, etc.
- Compositions of matter: new pharmaceuticals, chemical compounds, naturally occurring substances when substantially purified, DNA sequences, biological materials, e.g. bacteria, viruses, proteins and protein fragments, monoclonal antibodies, epitopes, and vectors.
- Improvements in any of the above
- Living organisms: genetically altered plants and animals.
- Computer programs: alone and in conjunction with other equipment.
- Business methods: methods for doing business, but not those solely directed to patenting abstract ideas.
- Designs: ornamental aspects of articles of manufacture.
- Non-patentable items include: nebulous concepts or ideas, laws of nature (e.g., gravity), mathematical algorithms alone (but computer-implemented mathematical algorithms producing a concrete, useful, and tangible result are patentable subject matter), and purely mental processes.
A key element to effective patent protection is writing patent claims that define the invention as broadly as possible, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.
More than a decade of experience in patent law. Represents some of the most recognizable names in Silicon Valley and the tech industry at large. Manages international patent portfolios for multinational companies. Benno Guggenheimer brings his technical background to bear on his patent work for Fortune 500 companies. His practice includes patent prosecution and patent analysis, with a focus on electronic devices, software products, medical devices and automated systems. Benno works closely wi...
Twenty years serving as counsel to Apple Inc. handling its worldwide IP portfolio of more than 3,000 active assets. Built a best-in-class portfolio of over 150 patent assets for Clear in five years. Operates at the intersection of technology and business serving as a highly valued advisor. Craig Hemenway develops creative strategies that enable clients in the technology sector to leverage intellectual property assets to achieve marketplace prominence. Brownstein’s lead patent attorney a...
Mr. Kovarik practices intellectual property law, with an emphasis in patent prosecution, patent litigation, mediation of patent disputes and in the licensing of intellectual property rights. With his technical training in biochemistry and molecular, cellular and developmental biology, Mr. Kovarik represents many innovators in the medical device and biosciences fields. His practice, however, is much more expansive, and includes innovative commercial products, insurance related methods, sportsw...
Experienced, solutions-oriented and precise IP attorney. Represents internationally renowned brands in the protection, commercialization and enforcement of their valuable IP assets. Outdoor industry, beauty and wellness enthusiast. An innovative and highly responsive attorney, Airina Rodrigues’s work includes matters involving trademarks and trade dress (including global trademark portfolio management), copyrights, trade secrets, right of publicity, false advertising and commercial cont...
John R. Wahl is a registered patent attorney with more than 35 years experience in patent, trademark and trade secret law, including related prosecution, opinion and licensing matters, litigation support and strategic client counseling. His technical experience includes electrical, mechanical, biotech instrumentation, computers and computer peripherals, electronic circuits, lasers, chemical processing, and software technologies. John has prior engineering experience in both naval and commerci...
My specialty is helping clients identify, develop and capitalize from their intellectual property. As a former controls engineer with 20 years of experience practicing before the U.S. Patent & Trademark Office, I have the skill and perspective to guide clients in developing their patents and trademarks, whether theirs are emerging or mature portfolios. I also assist clients with corporate transactions and internal policies. My clients range from startups to Fortune 500 companies spanning ...
Patent attorney with strong technical expertise in electrical engineering and full-stack software development. Provides bespoke patent strategy and portfolio development. Analytical, data-informed practice drives proactive decision-making. Andrew Freyer understands that bridging communication gaps between engineers and management is essential to making informed business decisions. He applies an insider’s knowledge of large and small technology companies’ operations and objectives ...
IP attorney with more than a decade of patent prosecution experience. Trusted advisor for sophisticated companies looking to protect their complex, high-value inventions. Produces litigation-ready patents and develops sophisticated strategies to meet client objectives. While he’s worked with some of the most recognizable names in the tech industry, Peter Nagle is also no stranger to the targeted needs of niche businesses. His practice focuses on patent preparation and prosecution, paten...
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