starting out

Building a startup from the ground up is stressful enough. Everyone says you must have an intellectual property "portfolio," but nobody will tell you what the process entails. Big law firms gladly take your money while your applications languish for years. And who's that idiot that keeps saying you can't get software patents anymore?

Patents by Benasaur addresses your beginner's hell head-on by offering flat-rate applications for startups, discounts for multiple applications on the same subject matter, a streamlined prosecution strategy, and specific advice tailored to obtaining high-quality patents.

Some of these strategies include:

  • Identifying patentable subject matter in your development cycle
  • Whether a prior art search makes sense
  • When to file a provisional versus a non-provisional application
  • Filing a quality disclosure that affords you maximum future flexibility
  • Wielding your patent or application offensively and defensively
  • Avoiding quality pitfalls that can be challenged at litigation

For trademarks, we analyze your mark for strength and likelihood of confusion, and alert you to potential issues before actual filing. By centering our prosecution strategy according to our analysis, we strive to anticipate and avoid PTO refusals rather than reactively filing arguments after the fact.

Litigation Support

Congratulations! You've received your first cease-and-desist, or you saw some cheap knockoff of your product on eBay. What to do when you're a small-time business with big-time IP problems?

Patents by Benasaur can help you avoid costly patent litigation in federal court and accurately determine whether the infringement claim has merit by analyzing the asserted patent or trademark with your innovation.

  • Infringement or non-infringement opinions
  • Cease-and-desist letters
  • Litigation strategies without going to federal court
  • Shutting down the importation of an infringing product
  • Challenging patent validity via inter partes review

the patent office whisperer™

You're a practitioner with a difficult case. Trying to decide what to do after a final rejection? Debating whether to call your examiner's SPE? Stuck in Alice hell?

Patents by Benasaur offers you unique strategies and insights about the inner workings of the Patent Office black box that can only come with the experience of having examined hundreds of applications.

  • Case review: What is the examiner really saying?
  • Who to talk to: Junior examiners vs. primaries
  • PTO internals: Examiner count system, docketing, PALM periods
  • 101 abstractness and functional claiming rejections
  • Asking the right questions at interviews
  • Post-final rejection strategies
  • Addressing examiner concerns before examination is closed
  • Why it is important to not piss off the examiner

Note: Case review time is billed separately (1 hour minimum). No consultations will be given in consideration for promises of future referrals.

You manage an existing portfolio and are looking to efficiently prosecute and reduce costs. Multiple RCEs got you down? Tired of paying Big Law for trivial amendments written by overworked, underexperienced associates?

Transferring cases to Patents by Benasaur can save your organization thousands in legal fees and maybe even your job. Schedule a consultation to streamline your prosecution.

continuing prosecution