Evaluate

Evaluating patents For enforcement

I. Introduction to Contingent Fee Representation:

1. The Importance of Patent Enforcement to a Patent Owner.

2. Why You Should Consider Contingent Fee Representation.

3. Some of the Many Ways You Can Lose Your Patents or Won't Be Able to Assert Your Rights.

II. Evaluating a Matter for Contingent Fee Representation:

1. Starting the Due Diligence Process:
   What Information do Contingent Fee Patent Lawyers Need From a Prospective Client

2. A Good Case:
   What Makes a Good Contingent Fee Patent Case?

   1. Patent Title and Term:
      What do Contingent Fee Patent Lawyers Look for When Considering Patent Title and Term?

      • Tools of the Trade: Checking Term and Maintenance Fees Payment Status.

   2. Continuity:
      What do Contingent Fee Patent Lawyers Look for When Considering Continuity?

      • Tools of the Trade: What is a Patent Family Tree and How Do I Make One?

   3. Validity:
      What do Contingent Fee Patent Lawyers Look for When Considering Validity During Due Diligence?

      1. Duty of Candor:

         • Validity and the Duty of Candor.

         • What Different Types of Art Must be Cited to the USPTO?

         • Tools of the Trade: Checking Completeness of Art Citations with a Cited Art Matrix.

         • Tools of the Trade: How Do You Cite to a YouTube Video as Non-Patent Literature in an Information Disclosure Statement?

      2. Subject Matter:
         Making Sense of the Mess Caused by Alice, and Evaluating a Contingent Fee Patent Matter for Subject Matter Eligibility.

      3. Novelty and Non-Obviousness:
         What do Contingent Fee Lawyers Consider when Evaluating Novelty and Non-Obviousness?

         • Proactive Prosecution: What Should Inventors Document from Conception Regarding Secondary Considerations of Non-Obviousness?

      4. Specification Based Defenses:
         What do Contingent Fee Lawyers Look for When Considering Specification Based Defenses?

         • Tools of the Trade: What is a Patent Specification Support Chart?

   4. Infringement:
      Why do Contingent Fee Lawyers Look for Industry-Wide Infringement?