« Back to IP Law
Weiss & Moy Patent Attorneys – Scottsdale, Arizona
Whether you have spent months engineering a product or were suddenly inspired with a great idea, the first step to realizing the potential of your invention is to protect it. The patent attorneys at Weiss & Moy, P.C. provide legal assistance to inventors at all stages of the patent process. Weiss & Moy, P.C. has offices in Scottsdale and Las Vegas that offer the following patent related services:
- Patent searches
- IP audits
- Draft and prosecute domestic and foreign patent applications
- Patent licensing
- Cease and desist letters
- Patent Litigation
- Infringement opinions
Our U.S. registered Patent Attorneys and Agents have written thousands of patent applications over the past decades that span virtually all fields and industries which include: electronic cigarettes, kitchen utensils, childcare devices, household tools, sporting goods, medical devices, semiconductors, gaming apparatuses, e-commerce and internet methods, and software patents.
Since our founding in 1976, Weiss & Moy, P.C. has billed for its patent prosecution services on a flat-fee basis so that our clients know exactly how much it will cost to protect their inventions. While many lawyers bill for their services on a per-hour basis, Weiss & Moy, P.C. attorneys give you a binding quote for our patent prosecution work at the beginning, so you can know your expected costs upfront. Our flat-fee billing structure allows you to budget for legal expenses in the same way you might budget for research and development, marketing, or other costs. For patent litigation, Weiss & Moy, P.C. offers low hourly rates for advising patent owners on whether or not to sue, prosecuting or defending civil litigation cases, and negotiating pre-litigation settlements.
What is a Patent?
A patent is a form of property and may be sold, licensed, or conveyed in much the same way as other types of property. A U.S. patent is also a legal monopoly, granted by the U.S. government, which allows the patent owner to prevent all others from making, using or selling their patented invention within the U.S. for a period of 20 years from the date of filing. Because the legal right to enforce your patent does not exist until your patent actually issues (which can take two to three years), most inventors are left with roughly 17-18 years of actual, enforceable patent protection.
What can be patented?
In order for an invention to qualify for patent protection, it must be novel, non-obvious and provide utility. Generally, to be novel, the invention must not already be in use in the U.S. or be found in a printed publication anywhere in the world. To be non-obvious, the invention must not have been merely an obvious improvement over an existing invention in the eyes of a person of reasonable skill in the field, at the time the invention was made. And finally, to provide utility, the invention must be useful. Patent law is governed by federal law, not state law. Patents are issued by the USPTO. Foreign patents are issued in accordance with the patent laws of each individual sovereign country.
Why obtain a US Patent?
Without a valid U.S. Patent, anyone may make, use or sell another’s invention at will and without compensation to the original inventor.
The patent attorneys and patent agents at Weiss & Moy, P.C. prepare a patent application based upon a full disclosure of your invention. Our clients can disclose their invention in person at one of our three offices, or by phone, fax and/or email if an in-person meeting is not convenient. The inventor is not required to build a prototype. It typically takes us approximately 4-6 weeks to prepare a patent application. As the inventor, you will then have the opportunity to review the patent application and provide any necessary feedback in order to ensure that you are satisfied that we have accurately captured the spirit of your invention. After final approval of the patent application has been received by the inventor, the patent application is filed with the U.S. Patent & Trademark Office (USPTO).
Weiss & Moy, P.C. is able to offer the filing of patent applications in virtually every industrialized country in the world. Our foreign patent service gives clients the convenience of one-stop shopping when it comes to obtaining global patent protection. Instead of dealing with multiple law firms located in different countries, you need only contact Weiss & Moy, P.C. and our network of foreign associates can handle the rest. At Weiss & Moy, P.C., we will help you navigate through the complications of filing for foreign patent protection in order to successfully meet the requirements of your global patent strategy.
From our founding in 1976, Weiss & Moy, P.C. has been actively engaged in the preparation and negotiation of patent license agreements. The licensing of patents can be both extremely lucrative as well as a sensible alternative to patent litigation. Whether you are interested in licensing the rights to a patent that you hold or you are interested in obtaining the rights to use someone else’s patent, the attorneys at Weiss & Moy, P.C. can help protect your interests. Our experienced attorneys have successfully negotiated hundreds of licensing agreements. Weiss & Moy, P.C. has been retained to prepare and negotiate a wide variety of patent licensing agreements related to patented and patent-pending material. Patent license agreements prepared by Weiss & Moy, P.C. attorneys have covered a wide spectrum of technologies ranging from semiconductors to medical devices. Our firm’s founder, Harry Weiss, established a major licensing program for Motorola – a program that has since brought that company millions of dollars in royalties. We would be pleased to work with you to develop an active patent licensing program.
The patent attorneys at Weiss & Moy, P.C. are able to perform a patent infringement analysis by comparing a particular product to the claims in an issued patent. A patent infringement analysis can often be an important step in avoiding costly patent litigation. Before releasing a product into the marketplace, it may be beneficial to have the patent attorneys at Weiss & Moy, P.C. determine whether your product may infringe upon the valid patent rights of another party. The patent infringement analysis that we provide may reveal that your product does not infringe your competitor’s valid patent rights, which will allow you to release your product into the marketplace with confidence. Alternatively, a patent infringement analysis may indicate how to “design around” an existing patent in order to avoid patent infringement. Finally, we may advise you not to release your product without first acquiring or licensing a third party’s patent.
Weiss & Moy, P.C. has substantial experience in all phases of dispute resolution regarding claims of patent infringement — from the preparation of cease and desist letters and responses thereto to litigation in federal district court and on appeal before the United States Court of Appeals for the Federal Circuit. In order to be successful in litigation you need an attorney with an understanding of a large number of legal doctrines, a solid grasp of the administrative process of obtaining a patent, and a high level of scientific sophistication. The patent litigation group at Weiss & Moy, P.C. can assist you in attempting to negotiate a license, settlement or some other alternative to litigation. In the event that patent litigation ensues, our experienced litigators can guide you through the many complexities of patent litigation in order to protect your intellectual property interests.
Contact Weiss & Moy – Get Started Today
Contact us at one of our Scottsdale or Las Vegas offices today:
Scottsdale, Arizona Office
4204 N. Brown Ave.
Scottsdale, AZ 85251
Las Vegas, Nevada Office
3753 Howard Hughes Parkway, #200
Las Vegas, NV 89169