Patent Practice


Building a strong patent portfolio via effective patent prosecution before the United States Patent and Trademark Office (“USPTO”) is only half of the equation for adding value to a successful start-up, small business, or industry leader. The other half is protecting your large investment and hard-won intellectual property rights through patent litigation.

Helping You Win a Patent – And Protect It.  McGrath North is one of the few go-to firms in Nebraska with both patent prosecution and patent litigation expertise.  Our patent practice includes a former USPTO Patent Examiner, giving us an insider’s understanding on how the USPTO evaluates patent applications.  This real world experience provides us with an edge prosecuting patents at the USPTO to obtain the best results possible for our clients.  Because we also have patent litigation experience, your patent application will be drafted with an eye towards enforcement to help anticipate and address allegations of invalidity by competitors in the future.

Once a patent has been awarded, the next step is protecting it.  Patent litigation involves highly complex issues in a specialized legal field.  At McGrath North, we recognize it is essential that your patent litigation team include a registered patent attorney with the deep technical background to understand the science behind your invention, along with seasoned litigators.  Our patent professionals know the full scope of your patent to help achieve its broadest protection before the Patent Trial and Appeal Board and in Federal Court.  McGrath North’s comprehensive approach to pursuing and protecting patent rights gives optimum assurance that your investment will have the best chance of withstanding scrutiny and delivering value back to your business.

Strong Talent / Unparalleled Service.  Clients choose to work with us because of our legal, business and technical expertise, close USPTO relationships, quick turnaround, cost-consciousness and personal attention to detail—all traits for which McGrath North has long been widely known.  McGrath North offers the complete package of patent services, helping you:

  • discover if your invention is novel and non-obvious through a prior art search;
  • determine if your invention is patent-eligible at the USPTO through a patentability opinion;
  • identify potential patent-infringement concerns that may subject your company to liability through a freedom-to-operate opinion;
  • determine if a patent is unenforceable before you acquire it, enter into a licensing agreement, or prepare for litigation through an invalidity opinion;
  • protect the functional aspects of your invention, how it works, and the way it is used by drafting and prosecuting a utility patent application;
  • protect the appearance and ornamental features of your invention by drafting and prosecuting a design patent application;
  • protect your intellectual property across the globe through foreign patent prosecution;
  • place infringers on notice of your patent rights and stop infringing activity through a cease and desist letter;
  • investigate allegations of patent infringement from patent holders and recommend an appropriate response and/or design-around to avoid patent litigation;
  • generate royalty income, leverage your patent, and open new markets through licensing agreements;
  • monitor a competitor’s patent portfolio to contest a problematic patent application from issuing at the USPTO;
  • challenge the validity of an issued patent through inter-partes and post-grant-review proceedings before the Patent Trial and Appeal Board at the USPTO; and
  • enforce your intellectual property rights through successful negotiation, settlement, arbitration, mediation, and litigation.

Diverse Technical Capabilities. No matter the technology—we’ve got you covered. McGrath North’s patent experience includes:

Medical Devices Agriculture Mechanical Arts
Life Sciences Pharmaceuticals Chemicals

Guidance for Growing Your Business.  As one of the largest law firms in Nebraska—McGrath North provides its clients the same benefits offered by patent boutiques—along with a wealth of knowledge in other practice areas and industries.  Our attorneys coordinate across these various practice areas to develop your intellectual property and maximize its business potential.

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