Patents

Franco Patent Law obtains patent protection and provides patent-related services for clients from Massachusetts, New England, and beyond.

Patent Your Invention

The potential for financial gain provided by patents is powerful incentive for inventors to advance the current state of knowledge. A patent grants its owner the right to prevent others from making, using, offering for sale, selling, or importing the invention into the U.S. The government rewards the inventor with these exclusive rights in exchange for a “blue print” and detailed description of the invention. At Franco Patent Law, we secure patents that maximize the value of your ideas.

Types of Patents

Three types of patents protect three very different types of subject matter.

Utility patents are the most common type, and what most people think of when they think of a patent.  Utility patents cover broad categories of items including devices, machines, tools, articles of manufacture, processes, methods, chemical compositions, and countless everyday items. “Utility” signifies that the patentable aspect of the invention relates to a useful function. These patents protect the new, non-obvious, and useful aspects of inventions.

Design patents protect the appearance of objects or products (articles of manufacture).  In technical terms, they protect the new, original, and ornamental designs for articles of manufacture. 

Plant patents focus narrowly on the invention or discovery, and asexual reproduction, of distinct and new varieties of plants.

Patent Services

Patent Searches

Invention patentability is measured against existing related inventions. We strongly encourage clients to have us conduct a “novelty search.” A novelty search provides a basis for Franco Patent Law to assess patentability. A search also helps gauge the the value of pursuing patent protection. Revelations about the current state of related technology inform patent drafting in a way that maximizes the case for patentability.

Patent Applications

Patent applications for even relatively simple inventions are highly technical original documents. A utility patent application includes a background of existing technology, a summary, a detailed description, drawings, and claims. The claims define the scope of the invention, and are examined by the Patent Office for patentability. Franco Patent Law combines mastery of technical fields and patent law to create patent applications that maximize patentability.

Patent Prosecution

A a patent examiner rigorously examines a patent application by comparing the applied-for invention with prior related inventions. Patentability standards are applied in deciding whether to grant a patent. A patent examiner typically issues at least one “office action” that objects to or rejects aspects of the patent application. During “patent prosecution,” Franco Patent Law responds to each office action until a final patentability decision is reached.

Infringement Analysis

Infringement analysis of a patent owned by another may be warranted before making, using, or selling a product or process. Conversely, an infringement analysis on behalf of a patent holder may be required to determine infringement by others. Franco Patent Law can determine whether an infringement analysis should be conducted, and, if so, perform the analysis.

Freedom to Operate Analysis

A Freedom To Operate (FTO) analysis is similar to a patent infringement assessment, but broader. During a FTO analysis, Franco Patent Law evaluates whether a proposed product or process would infringe any existing patents. FTO analysis therefore requires a comprehensive search and evaluation of existing patents for potential infringement.

International Applications

The Paris Convention and the Patent Cooperation Treaty (PCT) allow for the filing of foreign patent applications. These international treaties provide significant advantages to inventors seeking patent protection outside of their home countries. Franco Patent Law has mastered international patent practice, filing and prosecuting patent applications worldwide for over 25 years.

Samples of Our Patent Work

  • Franco Patent Law handles patents for medical, athletic and fitness equipment. For example, we obtained a patent on a muscle stretching apparatus for KRAM Wellness Group of Leominster, Massachusetts.
    US Patent Number 10,391,349