Services Provided

Intellectual property services offered by the firm include:

Preparation and Prosecution of Patent Applications

Mr. Costello's firm works closely with inventors to distill their ideas into patent applications. Mr. Costello has extensive experience working with inventor-clients, client management and/or technology transfer personnel to determine the appropriate scope of an application and to develop a coordinated worldwide prosecution strategy. Mr. Costello remains current on significant cases from the Federal Circuit to ensure that his client's patents are prosecuted in a manner that enhances their scope and enforceability. Mr. Costello has prosecuted patents involving mechanical devices, biotechnical subject matter, software, medical devices, consumer products, games and business methods.

Patent Searching

The firm has excellent relationships with the best patent search firms in Washington, D.C. Mr. Costello believes that conducting a thorough patent search prior to drafting a patent application is crucial. The value of the firm's patent searches is most realized during the prosecution phase of the patent application. It is a simple principal that if the relevant prior art patents are known before filing an application, then it is less likely that a "surprise" patent will arise during prosecution, which could ultimately hurt a client's chances at obtaining patent protection.

Patent Infringement Studies

Mr. Costello's firm has extensive experience in ascertaining whether third parties are infringing the claims of issued patents, pending patent applications, or other intellectual property rights owned by the firm's clients. Mr. Costello can determine whether licensing, negotiation, or litigation best meets the client's strategic goals.

Patent Validity and Enforceability Studies

Mr. Costello can ascertain whether actual or anticipated claims by third parties are valid or could be enforced against the firm's clients. Clients are advised about the threat posed by third-party patents and, where appropriate, strategies are provided for avoiding infringement.

Business Advice in Using Patents to Ultimately Make Money

Obtaining a patent without a sound business strategy is like building a ship without a keel. The ultimate purpose of a patent is to help protect the owner's valuable intellectual property so that it can be turned into money. Mr. Costello's services includes advising his clients to focus upon their ultimate money/business goals so that a patent strategy can be crafted that will achieve these goals.

Contingent Fee Patent Litigation

Mr. Costello has represented a number of plaintiff-clients in enforcing their patents, trademarks and copyrights on a full or partial contingent fee basis. Either solely through his office, or in conjunction with partner law firms, Mr. Costello has achieved successful monetary results for his clients against large corporate defendants.

Trademark Searching, Applications and Enforcement

Mr. Costello's involvement in helping his clients choose the right trademark begins at the early stages of product development. Thorough trademark searches are performed. Mr. Costello then guides the prosecution of the trademark through to issuance and, thereafter, helps his clients defend the uniqueness and character of their trademarks in the marketplace.

Copyright Registrations

Mr. Costello has obtained copyright registrations for his clients in the areas of textual works, computer software, music, motion pictures and the performing arts.

Intellectual Property Due Diligence

A client presently owning or intending to buy a portfolio of patents, trademarks and/or copyrights cannot assess any value to the portfolio unless a thorough due diligence has been conducted. Due diligence involves looking at whether the rights have been kept in force or abandoned, whether maintenance fees have been paid, whether licenses or liens encumber the intellectual property, and who/how many individuals or entities own the intellectual property. Mr. Costello can answer these questions for the present or prospective intellectual property owner.