Protect The Ideas
That Make Your
Invention Valuable.

PATENT SEARCHES

Evaluate the Landscape Before You File.

Before investing in a patent application, you should understand what already exists and how the USPTO may evaluate your invention. Our patentability-search process examines the core of the invention against relevant prior art and gives you a clearer strategy for moving forward.

What is a Prior-Art Search?

A prior-art search looks for publicly available information that existed before the relevant filing date and may affect the patentability of an invention. Prior art can include issued patents, published patent applications, and other technical publications.

At The Plus IP Firm, the search is guided by a preliminary patent claim. That claim defines the invention’s essential elements and helps us focus on references that are legally and technically relevant.

The goal is not simply to find inventions that look similar. It is to identify references a patent examiner might use when evaluating whether the claimed invention is new and nonobvious.

Our Process:

Why We Start Here

A patentability search cannot guarantee that a patent will issue, but it allows you to make the filing decision with more information. It also gives us a stronger foundation for preparing the application if you decide to move forward. For most new patent matters, this is where we recommend beginning, and where many of our clients find the greatest immediate value.

PROVISIONAL PATENTS

Secure an Early Filing Date While Development Continues.

A provisional patent application can establish an early U.S. filing date and allow you to use the term “Patent Pending.” It is not examined and does not become a patent by itself. A corresponding nonprovisional application generally must be filed within 12 months to preserve the benefit of the provisional filing date.

What is Required to File?

The USPTO does not require formal patent claims or an inventor’s oath for a provisional application.

At a minimum, the filing must include:

• A written description of the invention
• Drawings when needed to understand it
• The names of the inventors
• A provisional cover sheet or application data sheet
• The required filing fee

The Plus IP Firm Standard

Minimum Filing Requirements are Not a Patent Strategy.

A basic provisional application may be enough to produce a filing receipt and permit use of “Patent Pending.” Our objective is to prepare a disclosure that can remain useful when the invention is examined later.

A later patent application receives the benefit of the provisional filing date only for subject matter adequately supported by the provisional disclosure.

That is why we do not treat a provisional application as a placeholder. We draft a patent claim to define the invention’s core. We then prepare a detailed description designed to support that claim and the variations the inventor may want to pursue.

UTILITY PATENTS

Protecting How an Invention Works

Utility patents protect the functional and technical aspects of inventions, including new and improved products, machines, systems, processes, compositions, and methods. Protection can extend beyond a particular prototype to the underlying structures, operations, relationships, and processes that make an invention work.

We prepare utility patent applications across a wide range of technologies, including software, artificial intelligence, medical devices, electronics, energy systems, mechanical inventions, industrial equipment, consumer products, and other technologies. Our process begins by understanding the invention, the problem it was developed to solve, how existing technologies approach that problem, and what the inventor did differently.

A commercial product may contain more than one protectable invention. Innovation may reside in the overall system, an individual component or subsystem, a method of operation, a manufacturing process, or the particular manner in which multiple components work together. We work with inventors to identify these different aspects and determine which concepts should form the foundation of the application and claim strategy.

TIP: Protect more than the prototype. A strong utility patent application considers the underlying inventive concept, reasonable alternatives, and how competitors might implement the same technology differently.

The claims define the scope of patent protection, making claim strategy a critical part of preparing a utility patent application. Our approach generally considers the invention at multiple levels of scope. We may develop broader claims directed to the fundamental inventive concept, intermediate claims that incorporate additional technical features, and narrower claims directed to more specific implementations. Looking at the invention from these different perspectives helps identify the boundaries of the intellectual property, develop fallback positions for prosecution, and pursue the broadest meaningful protection supported by the invention and the prior art.

The written description and drawings are developed with those claims and future prosecution in mind. A well-developed disclosure can provide support for claims of varying scope, amendments during examination, continuation applications, and different implementations of the invention as the technology evolves. This can be particularly important when the commercial significance of particular features becomes clearer after the original application is filed.

Our objective is to develop an application that does more than describe the product as it exists today. We seek to understand how the invention works, what makes it different, where the boundaries of the invention lie, and how those distinctions can be translated into meaningful patent claims that provide commercially useful protection.

DESIGN PATENTS

The Drawings Define the Protection.

A design patent protects the ornamental appearance of an article rather than its functional mechanics. Because the drawings constitute the application’s visual disclosure, their accuracy can directly affect the scope and strength of the resulting patent.

Why Should You Have a Design Patent?

Built for Products Customers Recognize at a Glance.

A product’s appearance can become one of its most valuable commercial advantages. A design patent gives the owner a federal right directed to that appearance, even when competitors use a different name or change the product’s internal mechanics.

Design patents can protect the appearance of an entire product or focus on a particular portion. This allows the filing strategy to concentrate on the visual features competitors are most likely to copy.

Particularly Valuable in E-Commerce

Online shoppers often encounter products through images before they read the brand name or technical description. That makes visually similar knockoffs especially effective and potentially damaging.

Because a design patent presents the protected design visually, suspected copying can often be identified through a direct comparison with the accused product. An issued design patent gives the owner a concrete intellectual-property right to assert against sellers offering products with a substantially similar overall appearance.

For brands enrolled in Amazon Brand Registry, Amazon’s Report a Violation tool permits reports of suspected patent infringement. A design patent may therefore become an important part of a broader marketplace-enforcement strategy.

Amazon’s infringement-reporting guidance

Marketplace procedures and eligibility requirements vary, and removal is never automatic. However, having an issued design patent can place the owner in a much stronger position than relying on appearance alone and give you ways to enforce your rights outside of the court system.

Drawings Developed With the Strategy in Mind

The Plus IP Firm works with professional patent draftsman to prepare the formal drawings required by the USPTO. Some of our attorneys are also certified in SOLIDWORKS and can work directly with STEP, STL, or native part and assembly files.

We use those materials to understand the product and determine which visual features should form part of the claimed design. If no usable model exists, we can help develop the necessary drawings from photographs, sketches, or a physical prototype.

The result is more than a polished drawing set. It is a visual claim developed around the aspects of the product that create its distinctive appearance.

PLANT PATENTS

Protect the Variety You Worked to Grow.

A plant patent can protect a new and distinct plant variety that has been successfully reproduced asexually. Plusfirm helps breeders and growers document what makes a variety unique and prepare the botanical description required by the USPTO.

What You Will Need

To prepare a plant-patent application, we will need information about the variety’s origin and parentage, along with the details of its first asexual reproduction. We will also need a clear explanation of how the plant differs from related varieties.

The application requires botanical measurements and photographs showing the plant’s distinguishing characteristics through its lifecycle. We will guide you through the information-gathering process and identify what is needed for your particular variety.

Our Plant-Patent Process

Start Documenting the Plant Early

The Strongest Application Begins Before Harvest.

Plant characteristics can change throughout the growing cycle. Begin photographing and measuring the variety while representative plants are available at each important stage.

Do not discard the original plant or all of its clones before the application is complete. We may need additional photographs, observations, or measurements during drafting.

PATENT PROSECUTION

Moving Your Patent Application Forward

Patent prosecution is the process of working with the United States Patent and Trademark Office after a patent application has been filed. During examination, a patent examiner may search for prior art, evaluate the claims, and issue Office Actions raising substantive or procedural issues. We represent applicants throughout this process, including responding to Office Actions, developing claim amendments and arguments, addressing prior art and subject matter eligibility rejections, conducting examiner interviews, and evaluating continuation, RCE, and appeal strategies.

We place particular value on examiner interviews. A written Office Action does not always reveal how an examiner is interpreting the claims, where the examiner believes the prior art reads on the invention, or what issue is actually preventing allowance. A direct discussion can clarify those positions, provide an opportunity to explain the technology, and allow potential amendments or arguments to be explored before they are formally presented. Our goal is to understand what is driving the rejection and develop a strategy that moves prosecution forward without unnecessarily surrendering valuable claim scope.

Already Filed Your Application Yourself?

Applicants who initially file pro se, without a patent attorney or agent, may later decide that they would benefit from representation. We can enter an existing application at various stages of prosecution, review the application and prosecution history, evaluate outstanding Office Actions or other USPTO correspondence, and develop a strategy for moving the application forward.

Taking over a pro se application can require particular care because the specification and drawings have already been filed and generally cannot be supplemented with new matter. We therefore evaluate what the original disclosure supports, how the pending claims relate to that disclosure, what positions have already been taken before the USPTO, and what options remain available. Even where an application was prepared without counsel, there may be opportunities to refine the claims and develop a more effective prosecution strategy based on the disclosure that was originally filed.

Looking for a Second Opinion?

Patent prosecution can involve significant decisions concerning claim amendments, prior art, subject matter eligibility, examiner positions, and whether to continue prosecution, appeal, or pursue other strategies. We can independently review a pending application and its prosecution history to assess the examiner's rejections, the positions taken to date, and potential paths forward. Obtaining a second opinion does not require changing counsel. Sometimes an independent assessment is simply useful before making an important prosecution decision.

Considering a Change of Counsel?

Applicants are not required to continue with the attorney or firm that originally prepared or prosecuted their application. When taking over an existing matter, we review the application and prosecution history, including pending and previously presented claims, cited references, amendments, arguments, examiner interviews, and outstanding deadlines. We then evaluate the application from a fresh perspective and develop a prosecution strategy based on the existing record, the available procedural options, and the patent protection that remains important to the applicant.

INTERNATIONAL PATENTS

Protecting Innovation Around the World

Patent rights are territorial, so protecting an invention internationally requires a strategy for pursuing rights in the countries and regions that matter to the business. The Patent Cooperation Treaty (PCT) provides a commonly used pathway for preserving the opportunity to seek patent protection in more than 150 contracting states through a single international application, while allowing applicants additional time to determine where national or regional protection should ultimately be pursued.

We assist clients with PCT applications and coordinate entry into the national or regional stage with trusted local patent counsel in the jurisdictions selected by the client. At the national stage, local counsel handles matters before the applicable patent office while we remain involved in coordinating prosecution, reviewing strategy, and helping maintain consistency across the international patent family. We have experience coordinating patent filings throughout the world, including before the European Patent Office and in the United Kingdom, Australia, China, Singapore, South Korea, Japan, the United Arab Emirates, Saudi Arabia, Mexico, Canada, India, and many other jurisdictions.

International filing decisions should also reflect the client's business objectives. Rather than pursuing protection everywhere simply because it is available, we consider where products are expected to be sold, manufactured, licensed, or deployed, where important competitors operate, and where patent protection is likely to provide meaningful commercial value. The objective is to develop an international portfolio that supports the business while managing the significant costs associated with worldwide patent protection.

Working With Foreign Counsel

A Global Network With U.S. Counsel at Home

International patent practice depends on strong relationships among counsel across jurisdictions. We work with a network of foreign patent attorneys and agents to coordinate national and regional patent filings for our U.S. clients, while remaining involved in the overall strategy and management of the patent family. These relationships allow us to work directly with practitioners familiar with the substantive law, procedures, language, and practices of their local patent offices.

Those relationships work in both directions. We also work with foreign patent firms that need trusted U.S. counsel for their clients' U.S. patent matters, including U.S. national stage applications, direct U.S. filings, continuation practice, and patent prosecution before the USPTO.

This role has become particularly important following changes to USPTO practice. In 2026, the USPTO adopted a rule requiring foreign patent applicants and patent owners to be represented by a registered U.S. patent practitioner in proceedings before the USPTO. We welcome relationships with foreign patent firms seeking U.S. counsel who can work collaboratively with originating counsel, communicate clearly regarding U.S. prosecution strategy, and provide continuity between the client's international and U.S. patent portfolios.

U.S. National Stage Filings

Bringing International Patent Applications Into the United States

For applicants who have filed an international application under the Patent Cooperation Treaty (PCT), U.S. national stage entry provides a pathway to pursue patent protection before the United States Patent and Trademark Office. We assist foreign applicants and their counsel with national stage filings under 35 U.S.C. § 371 and subsequent prosecution before the USPTO.

Effective July 20, 2026, foreign-domiciled patent applicants and patent owners are required to be represented by a USPTO-registered patent practitioner in patent matters before the USPTO.

We serve as U.S. patent counsel for foreign applicants and work directly with foreign patent firms to manage U.S. national stage entry and prosecution while coordinating with the applicant's broader international patent strategy.

U.S. patent practice can differ significantly from practice in other jurisdictions. We review the international application, claims, search results, and prosecution history and consider whether amendments or other strategies may be appropriate for U.S. examination.

LICENSING & ENFORCEMENT

Putting Patent Rights to Work

Obtaining a patent is only one part of realizing its value. Patent rights may support licensing relationships, commercial negotiations, competitive positioning, and enforcement against unauthorized use. We help clients evaluate their patent rights and develop strategies for putting those rights to work.

Evaluating the Patent and Infringement

Before asserting or responding to a patent claim, we work with clients to understand the scope and strength of the patent and how its claims apply to the relevant products or activities. This may include reviewing the prosecution history, investigating accused technologies, analyzing infringement and noninfringement positions, preparing claim charts, and considering prior art or other issues that may affect validity or enforceability.

Pre-Suit Licensing and Enforcement

Patent disputes do not always need to begin in the courtroom. We assist patent owners with licensing discussions, notice and demand letters, infringement positions, and negotiations with potential licensees or infringers. We also represent companies responding to patent demands, including evaluating asserted claims and developing noninfringement, invalidity, and other defensive positions. A well-developed pre-suit strategy can create opportunities to resolve a dispute before litigation becomes necessary.

Amazon Patent Evaluation Express (APEX)

For patent disputes involving products sold on Amazon, the Amazon Patent Evaluation Express (APEX) program can provide an alternative mechanism for addressing certain utility patent infringement claims. APEX uses a neutral patent evaluator to consider whether an accused Amazon product listing falls within the scope of an eligible U.S. utility patent. We assist patent owners seeking to use APEX to address potentially infringing listings, as well as sellers responding to APEX proceedings and patent infringement allegations involving their products.

Because an APEX proceeding can affect whether a product listing remains available on Amazon, we approach these matters with the same attention to claim construction and infringement analysis that we bring to other patent disputes. We evaluate the asserted patent claims, the accused product, available technical information, and potential noninfringement or other defenses before developing a position for the proceeding.

Patent Litigation

We represent both plaintiffs and defendants in patent litigation. Our work may involve infringement and invalidity analysis, claim construction, discovery, technical and expert issues, dispositive motions, damages, and trial preparation. Whether enforcing a patent or defending against an infringement claim, we focus on the asserted claims, the accused technology, and the technical issues that drive the dispute.

Intellectual property disputes are also frequently intertwined with broader commercial claims, including contract, business tort, ownership, licensing, employment, and other complex business issues. Because intellectual property is our focus, we regularly work alongside experienced litigation counsel with complementary areas of expertise. This collaborative approach allows each attorney to concentrate on the issues within their practice while providing the client with a coordinated litigation team suited to the particular dispute.

Whether the objective is a license, negotiated resolution, marketplace enforcement, successful litigation, or defense against an infringement claim, our approach begins with understanding the patent, the technology, and the business objectives behind the dispute.

INVALIDITY SEARCH

Testing the Strength of a Patent

An invalidity search seeks prior art that may affect the validity of one or more patent claims. Unlike a traditional patentability search conducted before filing, an invalidity search begins with an issued patent and focuses on identifying earlier patents, publications, products, or other prior art relevant to the claimed invention. We analyze the claims, relevant priority dates, prosecution history, and identified prior art to evaluate potential validity issues and support litigation, licensing, competitive analysis, or other strategic decisions.

FREEDOM TO OPERATE SEARCH

Understanding the Patent Landscape

A freedom to operate search evaluates whether the commercialization of a product, process, or technology may implicate the claims of existing patents. The analysis focuses on what the client plans to make, use, sell, offer for sale, or import and compares those activities against potentially relevant patent rights. We use freedom to operate analysis to identify potential patent risks, evaluate design alternatives, and help clients make informed decisions before investing significant resources in commercialization.

INFRINGEMENT ANALYSIS

Comparing Patent Claims to the Accused Technology

Patent infringement analysis requires more than determining whether two products perform similar functions. Because infringement is evaluated against the limitations of the patent claims, we analyze the meaning and scope of the claims and compare each relevant limitation to the accused product, process, or system. Depending on the circumstances, the analysis may also consider the patent's specification, prosecution history, claim construction issues, and potential application of the doctrine of equivalents.

REEXAMINATION

Challenging an Issued Patent

An issued patent can still be challenged before the United States Patent and Trademark Office. Through ex parte reexamination, a third party may ask the USPTO to reconsider the patentability of one or more issued claims based on prior patents or printed publications that raise a substantial new question of patentability.

When to Challenge a Patent

A patent does not need to be the subject of an active lawsuit before it becomes a business concern. A challenge may be appropriate when a competitor's patent creates uncertainty around a product launch, presents a freedom-to-operate concern, affects licensing or investment negotiations, or is asserted through a demand letter or infringement action. Reexamination may also be considered when a prior art search identifies patents or printed publications that call into question whether important claims should have been issued.

The decision to challenge a patent should be strategic. We consider the strength of the available prior art, the claims at issue, the importance of the patent to the client's business, and the existence or likelihood of related litigation before determining whether reexamination is an appropriate course of action.

Building the Challenge

A strong reexamination strategy begins with the claims and a prior art search. We analyze the challenged patent, its prosecution history, relevant priority dates, and the limitations of the claims before developing a targeted prior art search. We then evaluate the identified references individually and in combination to determine whether they provide a basis for challenging the patentability of the issued claims.

Preparing the request requires more than identifying similar prior art. The request must explain how the cited references apply to the particular claim limitations and why the prior art raises a substantial new question of patentability. Because a third-party requester has limited participation after reexamination is ordered, substantial attention should be given to the initial request, including the selection of prior art, development of the proposed grounds, and explanation of how the references apply to the challenged claims.

A Strategic Alternative

Ex parte reexamination can provide another avenue for addressing a problematic patent outside of traditional district court litigation. It may be considered before litigation begins, in response to an assertion of patent rights, or as part of a broader strategy involving an existing dispute. We evaluate how reexamination fits within the client's overall objectives, including the potential effect on litigation, licensing negotiations, freedom to operate, and the competitive landscape.