Patentability and filing strategy
Identify the inventive concept, review known references and commercial goals, and decide whether a utility, design, provisional, nonprovisional, or international filing path fits the matter.
Patents
A U.S. patent can give its owner a time-limited right to exclude others from making, using, selling, offering to sell, or importing the claimed invention. Sanchelima & Associates assists inventors and businesses with patent searches, applications, prosecution, licensing, portfolio strategy, and patent disputes.
GoogleReviews of our firm
5.0 / 5★★★★★297 reviews
Verified Miami patent counsel
Turn a technical idea into a practical patent strategy.
A patent can protect a new and useful process, machine, manufacture, composition of matter, or qualifying improvement. The strongest applications begin with a clear explanation of what is technically different, how the invention works, and which alternatives competitors may try to use.
Sanchelima & Associates, P.A. works with independent inventors, startups, established companies, and international applicants. Our registered patent attorneys combine engineering knowledge with prosecution experience before the United States Patent and Trademark Office.
Patent timing matters. A public launch, sale, demonstration, conference presentation, crowdfunding campaign, academic publication, or investor disclosure can affect rights in the United States and abroad. Early advice helps preserve options before commercial activity creates avoidable risk.
Patent services
Counsel from invention review through issued rights.
Utility patent applications
Prepare specifications, claims, drawings instructions, and supporting disclosure for mechanical, electrical, chemical, software, and other technology.
Design patent applications
Protect the ornamental appearance of a product through carefully selected views, consistent drawings, and a filing strategy coordinated with utility and trademark rights when appropriate.
Software and AI inventions
Describe the concrete technical improvement, system architecture, data flow, and human contribution behind software, machine-learning, automation, and AI-assisted inventions.
USPTO prosecution
Respond to Office Actions, evaluate examiner positions, amend claims when appropriate, conduct interviews, and pursue appeals, continuations, or related applications where the record supports them.
International coordination
Coordinate Patent Cooperation Treaty and national-stage strategy with foreign associates while accounting for filing deadlines, markets, budgets, and differences among national patent systems.
Ownership and assignments
Address inventorship, employment and contractor agreements, assignments, recordation, and chain-of-title issues that can affect control of patent rights.
Patent disputes and PTAB matters
Advise on infringement, validity, licensing, enforcement, and contested proceedings, including coordination between technical records and litigation strategy.
A focused process
What happens after you contact a patent attorney?
The exact path depends on the invention, disclosure history, business plan, and available evidence. A typical engagement moves through four stages.
- 01
Understand the invention and timing
We discuss how the invention works, who contributed to it, what has been disclosed, and which business deadlines or launches may affect the filing plan.
- 02
Define the protectable contribution
We separate the technical improvement from the surrounding business idea and identify alternatives, variations, and fallback positions that may matter during prosecution.
- 03
Prepare and file the application
The disclosure is organized into a written description, claims, abstract, and drawings appropriate to the selected filing type. Filing details and inventorship are confirmed before submission.
- 04
Prosecute and manage the portfolio
After filing, we monitor deadlines, evaluate USPTO correspondence, and discuss responses, continuations, foreign filings, maintenance fees, and portfolio decisions as they arise.
Public-record experience
Representative patent clients and matters.
These examples are limited to relationships or proceedings reflected in publicly available patent and PTAB records. They illustrate the range of technologies and proceedings handled by the firm.
Structural Wrap, LLC
Public PTAB representation in IPR2024-00084 involving U.S. Patent No. 11,168,484.
Gamesa Desarrollos Aeronáuticos S.A.
Assignee identified in public records for U.S. Patent No. 6,811,122 concerning an aircraft-engine flame arrestor.
DAB Door Company, Inc.
Assignee identified in public records for garage-door window technology, including U.S. Patent Nos. 6,862,850 and 6,837,011.
Digital Esperanto, Inc.
Assignee identified in public records for U.S. Patent No. 6,901,361 concerning computerized language translation.
Fabtech, Inc.
Assignee identified in public records for U.S. Patent No. 6,770,983 concerning power control for lower-voltage devices.
Independent inventors
The firm has also represented individual inventors across consumer products, marine technology, construction systems, medical devices, and software.
Public-record examples are provided for general information. Prior matters do not guarantee a similar outcome, and inclusion does not imply a current relationship or endorsement.
Patent insights
Questions inventors and technology companies are asking.
Is Your Invention Patentable?
A practical overview of novelty, usefulness, nonobviousness, and the importance of a complete technical disclosure.
Read the article ↗Can You Patent an Invention Developed With AI?
What founders should document about human conception, AI assistance, and the technical contribution.
Read the article ↗Software Patent Consultation: What to Prepare Before Launch
A checklist covering diagrams, development history, technical improvements, and disclosure dates.
Read the article ↗Patent FAQ
Common questions before filing a patent application.
What makes an invention patentable?
In general, a claimed invention must fit patent-eligible subject matter and be useful, novel, and nonobvious. The application must also describe the invention clearly enough to satisfy the applicable disclosure requirements. Patentability depends on the claims and the prior art, not merely on whether the product feels new.
What is the difference between a provisional and nonprovisional application?
A provisional application can establish an early U.S. filing date but is not examined and expires after 12 months. A nonprovisional application is examined and must meet formal requirements. The provisional must contain enough technical detail to support the claims later pursued.
Can software or an AI-related invention be patented?
Potentially. The application should focus on a concrete technical improvement and explain how the system achieves it. Merely automating an abstract business idea or describing a desired result may be insufficient. Human inventorship must also be evaluated for AI-assisted work.
Should I file before showing or selling my invention?
Usually, early filing is safer. Public disclosures and commercial activity can affect U.S. rights and may immediately harm rights in some foreign countries. The relevant dates and facts should be reviewed before a launch, sale, presentation, or publication.
Do I need a patent search before filing?
A search is not required in every case, but it can help identify relevant prior art, refine the inventive concept, and guide claim strategy. No search can guarantee that every relevant reference will be found or that a patent will issue.
How long does the patent process take?
Timing varies by technology, application type, USPTO workload, and the issues raised during examination. Some applications receive accelerated treatment when they qualify, while others involve multiple Office Actions or continued prosecution.
Who owns a patent created by employees or contractors?
Inventorship and ownership are different. The people who conceived the claimed invention must be correctly named as inventors, while ownership may depend on assignments, employment agreements, contractor terms, and applicable law.
Does a patent give me permission to sell my product?
No. A patent generally provides a right to exclude others from the claimed invention; it does not itself establish regulatory approval or freedom to operate. A product can practice someone else’s patent even when it is covered by your own patent.
For general government guidance, visit the USPTO Patent Basics resource ↗
Ready to Discuss Your Legal Matter?
Speak with our bilingual legal team about intellectual property, franchise, or commercial litigation needs.
Bilingual Legal Counsel
Serving Businesses and Innovators Since 1977