Patents

A patent is a property right granted by the U.S. government that allows the owner of that right to exclude others from making, using, offering for sale, selling or importing the claimed invention throughout the U.S. and its territories during the life of the patent. Hence, it is the owner of the patent right that must exercise that right to enforce it against those who violate it. The government does not enforce it on behalf of the owner. 

The intellectual property right is granted in exchange for public disclosure of the invention. The right to obtain a patent was established over 200 years ago in Article 1, Section 8 of the United States Constitution: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Under U.S. patent law, whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the Patent Act.

Espinosa Martinez PL can assist you with your patent-related legal needs on both the prosecution and litigation fronts. The law firm’s experience includes the prosecution of patent applications in the mechanical, electrical, computer and composition arts.

The attorneys of ET Law have experience in litigating patents in various jurisdictions across the United States. In addition to prosecuting and defending such lawsuits in the federal court, we are also experienced in the reexamination of patents before the U.S. Patent & Trademark Office.

Although we strive to avoid litigation for our clients, sometimes litigation or arbitration is unavoidable in preventing an infringement or defending a claim. In addition to the federal courts in South Florida, the attorneys at ET Law have defended and prosecuted intellectual property cases throughout the United States including the Federal District Courts for the Middle District of Florida, Eastern and Southern Districts of New York, Central and Northern Districts of California, District of Arizona, Northern District of Alabama, Eastern and Northern Districts of Texas, Southern District of Ohio, District of Puerto Rico, and Central District of Illinois. Similarly, we represent clients seeking to arbitrate in the U.S., including cases involving foreign disputes which would otherwise require litigation in less favorable foreign jurisdictions. Our attorneys are aggressive, imaginative and use all available resources to put our client in the best position to either resolve the case through settlement or win the case at trial.

One of the ways in which ET Law seeks to avoid litigation is by carefully drafting its domestic and international license agreements for our clients. Often times, carefully thinking through the relationship intended by the parties can help in crafting an agreement which prevents litigation, and, if litigation is triggered, protects our client. Always sensitive to the jurisdiction where the license or agreement is to be applied or enforced, we are familiar with foreign recordation requirements necessary to protect our client’s rights. Furthermore, we are familiar with collateral devices which can be used to enhance such rights such as the use of multiple intellectual property rights in combination, sanitary certificates and customs recordation.

FAQ - Patents