One of the most frustrating and confusing parts of the patent process to most inventors is the patent prosecution where the inventor starts to receive “Office Actions” from the patent office. These documents are usually written in obscure legalese which is intelligible only to a patent attorney.
In these situations, the inventor has to make important decisions as to whether to abandon existing claims, fight to defend them or write new ones. All of these activities cost money and the only source of information the inventor has is his attorney.
We give the inventor another source of information by explaining his options in plain English and giving him questions to ask his patent attorney. We do not make or recommend legal decisions, but we do help the inventor understand how to connect his patent and business strategies.
After you watch the video, here's the place to download a form that will tell us where you are in the prosecution process. Just answer the questions as best you can and we will get back to you.
Second Opinion is:
independent, disinterested review of each Office Action, focused on you
explanation of confusing legalese
business centered advice focused on your goals instead of legalities
avoid paying to defend losing causes or items of low business value
Second Opinion is directed toward clients who have filed a patent application and are now receiving Office Actions from the USPTO. The person in charge of handling this interaction is usually the attorney who filed it, but just talking to your attorney in these circumstances can have some serious drawbacks.
The attorney has a built-in conflict of interest. He or she is paid by billable hours, hence the attorney might extend a patent prosecution or fight for the acceptance of rejected patent claims that could be abandoned if they are not central to the client’s business goals.
Just as physicians speak “doctor-ease,” attorneys speak legalese. An Office Action form the USPTO is often incomprehensible to the average client. Attorneys may not explain it clearly to their client and even if they do, it is with the clock running.
Even the best intentioned attorney may not fully understand the client’s business goals and therefore the relative importance to the product and the competitiveness of the various claims in the patent application from a business standpoint.
Second Opinion offers an independent, disinterested review of the situation and the client’s business goals are the focus. The goal of Second Opinion is to focus on how the client’s business goals relate to the patent application that is under review. Business Metamorphosis LLC will help you determine what questions you should be asking your attorney about his/her strategy. We will tell you what your options are including some that your attorney may not mention.