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Intellectual Property

Technology Patent

Your company builds devices, chips, networking gear, or software-driven systems, and investors keep asking what is patented. A technology patent program works when it follows what competitors would actually copy, not every idea on the whiteboard.

Reviewed

01 GUIDE

Technology Patent: what usually happens

Deciding what deserves a filing

Not every innovation should be patented. Features that are visible in the product or can be reverse-engineered are usually stronger candidates, while back-end processes that competitors cannot observe may be better kept as trade secrets, since a patent publishes the method for anyone to read. Inventions that are mainly software face eligibility questions in the United States, and claims tend to fare better when they describe a specific technical improvement in how a computer or system works rather than a business result. Hardware and systems inventions generally face fewer eligibility issues but often run into crowded prior art.

Product cycles and filing dates

Technology companies release, demo, and pitch quickly, and each public step can count as a disclosure. The United States gives a limited grace period after an inventor's own disclosure, but many countries do not, so filings meant for important markets abroad should come before launch. A provisional application can secure a filing date at lower cost while development continues, as long as it describes the invention in enough detail; a thin provisional may not support the claims you later need. Open-source contributions and standards participation can carry licensing commitments of their own, so engineers should flag them before code or specifications go out.

Building the first set of applications

A first portfolio for a technology company is usually small and targeted. We start with the product roadmap and conversations with the engineers who built it, then identify the inventions most tied to revenue and hardest to design around. Applications are drafted with claims aimed at what a competitor would make and sell, which can differ from what your own team considers the clever part. A search before filing can save money by showing where the prior art is already crowded. We also check that every engineer and contractor has assigned inventions to the company, since gaps in that paperwork tend to surface during financing or acquisition diligence.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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Attorney Advertising. This page is general information about technology patent and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.