A U.S. strategy within your European-origin portfolio
Divergent supports European companies and their patent firms with the U.S. part of an international patent portfolio. We coordinate U.S. filing choices, claim strategy, prosecution decisions, budgets, and reporting with the European team’s wider objectives.
The European firm or other designated local counsel remains responsible for advice and representation under the law of its jurisdiction. Our role, communication channels, and responsibilities for U.S. work are confirmed at the outset.
Preserve options when entering the United States
We evaluate U.S. national-stage entry and bypass-continuation options in light of the existing disclosure, priority chain, international search results, and intended claim scope. U.S. written-description, eligibility, restriction, and disclosure requirements are considered alongside the related European applications.
Coordinate claims and prosecution decisions
U.S. amendments and arguments can affect the value of the patent family. We explain proposed changes, principal alternatives, prosecution-history implications, and continuation opportunities so European counsel and the client can assess the U.S. recommendation in context.
- Consistent terminology and commercially important claim coverage
- U.S. fallback positions supported by the existing disclosure
- Coordination of examiner responses and related-family developments
- Continuation and divisional opportunities, timing, and budgets
Manage the information that crosses the family
Foreign search reports, cited references, and related prosecution records can be relevant to U.S. disclosure obligations and strategy. We agree on how this information is exchanged, who reviews it, and which decisions require instructions.
Filing, deadline, annuity, translation, and third-party responsibilities are allocated expressly. We work with the client’s selected or approved counsel and providers.
Connect the U.S. portfolio to business priorities
Claim scope, pending continuations, examination timing, and prosecution spend should reflect products, competitors, licensing objectives, and relevant markets. We bring U.S. prosecution and post-grant experience to those decisions while coordinating with the team managing the wider portfolio.
Michael K. Kelly’s experience includes coordinating patent protection across Europe and Asia; Scott D. Paul’s includes portfolios with more than 350 pending prosecution matters. These are individual career examples; the proposed engagement determines staffing and scope.
Choose the working relationship
Work through your European patent firm or engage as an in-house team. We begin with conflicts review, scope, responsibilities, and a written engagement.