Patent Practice.

We are a firm of veteran intellectual property professionals with extensive experience in patent prosecution, as well as complementary skills that reflect a wide range of experience, practice strengths, and technology backgrounds. The lawyers, patent agents, and engineers that make up Wagner Blecher have the scientific and engineering background necessary to prepare, file, and prosecute patents in a wide spectrum of sophisticated technologies and products. Our engineering training and experience—often combined with practical experience in computer, electrical, electromechanical, aerospace, biochemical, and other sophisticated applications—enables us to fully understand the interactions between patent law, product technology, and your business needs.

From the prosecution of individual patent applications to performing due diligence and freedom to operate studies, Wagner Blecher LLP is skilled in the handling of all patent-related issues. Our well-honed process involves working with inventors to assess the novelty of each invention and whether the claim is properly positioned against competing inventions. We then determine the filing's strategic position in our client's patent portfolio, advise on the use of design patents to secure additional protection, determine the best application procedure, and employ re-examination procedures to strengthen or defeat infringement claims. We give each application individual care, crafting the claims and disclosure to optimize the value of each patent. Our skill in patent prosecution further enhances our portfolio analysis when performing due diligence and freedom to operate studies.

At Wagner Blecher, we have made significant investments in the latest case management technology to maintain a highly secure electronic database. Clients are given secure online access to their patent portfolio for instant status updates on all matters. By maintaining offices with conference facilities in both Silicon Valley and Santa Cruz County, we are easily accessible to clients over a large geographic area.

Successful patent prosecution—the process of preparing and filing the patent application, then filing responses to the rejections of the patent examiner—is the foundation of effective patent law counsel. The U.S. Patent and Trademark Office has specific and often complex rules about the content and examination of applications, and patent disputes frequently hinge on complicated points in the prosecution process. At Wagner Blecher, we help clients draft and prosecute patent applications that withstand the most rigorous technical examination. Our professionals consider each filing's strategic position in your patent portfolio, advise on strategies to secure additional product patent protection, determine the best application procedure to use, and employ re-examination procedures to strengthen or defeat infringement claims as needed.

When clients encounter patent infringement and validity challenges, our firm conducts the necessary analysis on a single patent or an entire portfolio. We draft and prosecute patent claims, deal with notices of possible infringement, and analyze and manage portfolios that can involve numerous patents. Our extensive experience lets us determine when and how to respond to notices, and when and if it is appropriate to initiate a study. Each of our patent applications is drafted with an eye toward any potential challenge.

Patent portfolio management is central to our counseling efforts. We implement invention disclosure and patent programs that audit and assess the current and pending core technology for you and your competitors. As a result, we can protect new technology from the moment of creation, and build a patent portfolio that is profitably leveraged and exploited in the marketplace. Our portfolio counseling has a strong transactional focus on what is required to generate the market for a patented product, so that you can grow that market and derive the most revenue from it by using our knowledge of technology and our skill at patent law to exploit that technology.

The analysis of patent portfolios, whether they are the portfolios of acquisition targets or those of competitors, is often critical to accomplishing the goals of our clients. Our expertise in patent prosecution enhances our portfolio analysis when performing due diligence and freedom to operate studies. A complete understanding of the strengths and weaknesses of a patent portfolio is essential in evaluating the portfolio, and weighing the risks associated with acquiring or challenging the portfolio. Wagner Blecher has extensive expertise in the handling of portfolio analyses, providing our clients with information to assist in crucial business decisions.

Effective IP asset management requires aggressive protection of all your intellectual assets. Wagner Blecher helps clients actively manage their intellectual property assets through global strategies for development, valuation, licensing, and protection. Our IP asset management strategies are specifically tailored for each stage of our clients' development, whether they are startups planning market growth or mature companies facing acquisition opportunities.