Patent Prosecution, Re-examination and Post Grant Proceedings

Practice Group Contact:  Nicholas D. Rouse 405-607-8600

At Dunlap Codding, we represent individual inventors and large multinational manufacturing companies as well as companies of all sizes in between.  Our work includes patent counseling, patent preparation and prosecution, patent portfolio management, validity and infringement opinions, evaluation of new designs, and licensing strategy.  We are known for focusing on our clients’ business goals and providing holistic advice on how to build patent portfolios, developing intellectual property positions that take into account competitors’ intellectual property.  We offer analysis, guidance and representation in the acquisition and licensing of technology.  We are recognized for preparing patents that are licensed; we create patent platforms for our clients that are desired and sought after by commercialization partners.  Our patent platforms function both offensively and defensively.

Patent Post-Grant Proceedings with the United States Patent Office

At Dunlap Codding, our attorneys are experienced in the use of patent post-grant proceedings as a tool in our client patent strategy. Whether our client wants to defend a patent, invalidate a patent, or simply reach a satisfactory settlement, we focus on the client’s desired outcome and provide the right tools and advice for reaching that outcome. We understand how to defend and strengthen patent owner rights with patent post-grant proceedings as well as how patent post-grant proceedings can be used to invalidate patent claims. 

Patent post-grant proceedings include Ex Parte Reexamination, Reissue, Inter Partes Review, Post Grant Review, Covered Business Method Patents Review, and Supplemental Examination. 

Early Case Assessment: Patent Prosecution and Litigation

In intellectual property arenas, early case assessment is often called strategic portfolio management or patent mapping and calibration with market forces.  The key is the education and collaboration among all third parties and third-party information sources.  

Our early case assessment practices are modeled after the DuPont Legal Model® for litigation.  We conduct case assessments early and often.  For intellectual property matters, the case assessments are tied specifically to market forces and opportunities.  We make an informed assessment—in conjunction with audits—as to the strengths, weaknesses, and other factors which might lead to the abandonment of intellectual property assets.  We assess by asking not, “can this be done,” but, “why are these assets being maintained….what value does this bring…how can we get this to the bedside or market?”

Our case assessment model uses standardized processes and procedures leveraged against factual and legal input.  We incorporate third-party stakeholder input.  Our approach evaluates and integrates the needs of those third-party stakeholders into the prosecution framework.  The input may be active—for example, licensee approval, inventor analysis, business unit input—or it may be passive, for example, competitive intelligence information, market knowledge, etc.

Early case assessment provides cost-effective solutions for creating wealth—through licensing, partnering and/or capital development.  It avoids adverse entanglements.  Most importantly, early case assessment oftentimes results in an increase in the prestige of the intellectual property portfolio, thereby increasing negotiating power and freedom to operate.


We Combine Midwestern Roots with Accolades and Recognition from Around the GlobeDunlap Codding represents a substantial number of sophisticated client companies on both coasts and overseas.    Our reputation continues to grow and we have been gratified to be recognized by our clients and third-party sources for the quality and consistency of our patent prosecution.

Over the past 50 years, Dunlap Codding has obtained more patents, trademarks and copyrights than any other firm in our region.  In the past 5 years, our firm has obtained nearly 1,000 issued patents for our clients.   Currently, we are the largest intellectual property boutique law firm situated in the geographic area found in a swath extending from Houston to Kansas City and from Kansas City to Denver.  Our clients have on more than one occasion referred to our abilities as providing the technical acumen and vigor of a start-up enterprise with the business savvy of a legacy company.  Most importantly, every member of the Firm enjoys the practice of intellectual property law.

Throughout the past 12 years, our firm has consistently been listed in the top 200 Patent Firms by Intellectual Property Today magazine based on the number of our patents that are issued annually. 

Our firm represents some of the most fruitful U.S. inventors.  Among our clients is the most prolific living U.S. inventor, who holds the second most issued patents—he is second only to Thomas Edison.

It is the quality of the patent, however, that creates value for the client.  Dunlap Codding is proud to have been ranked #2 in the United States by Patent Ratings LLC for the Quality and Value of Mechanical Patents obtained for our clients.