Obtaining And Managing Oil And Gas Patents
Oil And Gas Insights
At Booth Albanesi Schroeder, PLLC, we have vast experience with oil and gas patents. We’ve written them, defended them, sued on them, reexamined them, invalidated them and worked with them in many ways.
We have represented Fortune 100 oil and gas service companies. We have drafted dozens of patents, handled multimillion-dollar patent and trade secret cases, and provided opinions on patent validity and patentability.
We have also represented smaller oilfield service companies working in areas such as downhole tool design, surface equipment, gas pipeline valves, well testing and flowback services, fluid treatment, fracture injection procedure design and software, and sequestration services.
Detailed Experience In Mechanical And Chemical Oil And Gas Products And Processes
We know the tools, processes and chemicals used in the oil and gas industry. You will not need to explain what a float shoe is or how to run a cement job.
- Frac plugs, bridge plugs, packers, hangers, float shoes/collars, centralizers, lift equipment, whipstocks and anchors
- Nonmetallic drillable downhole tools
- Cementing, sand control, inflow control, water control and perforation technology
- Injection fluids, gelling compositions, wettability, breaking and corrosion inhibitors, surfactants, acidizers and scale inhibitors
- Artificial intelligence (AI), neural networks and computer systems for downhole communication and automated surface equipment control
- Safety valves, blowout preventers, SCSSSV, SSISV, check valves and gas lift valves
- Flowback equipment, shakers, filters and cyclones
- Centrifugal pumps, ESPs, pump flow rate control and vibration minimization
- Sequestration and cleanup of waste fluids, organic wastes and frac fluids
- Proppant design
- Gas pipeline valves, dampeners, fail-safe valves and pulse traps
We use this knowledge when preparing patent applications and handling patent disputes. This helps clients protect new technology across the mechanical and chemical sides of the oil and gas industry.
What Qualifies As A Patentable Oil And Gas Invention?
An oil and gas invention may qualify for a utility patent if it meets the rules for patent protection. A utility patent can cover a new or improved product, process or technology.
The invention generally must be useful, new and nonobvious. In other words, it cannot be an obvious change to technology that already exists. The patent application also must explain the invention in enough detail to show what it is and how it works.
Depending on the technology, patentable oil and gas inventions may include:
- Mechanical inventions: New or improved equipment, tools and parts
- Chemical inventions: Compositions, formulas and treatment methods
- Process inventions: Methods used in drilling, completion and production
- Computer-implemented technologies: Systems used for monitoring, communication and equipment control
- Improvements to existing technology: Changes that meet the rules for patent protection
Prior art also matters. This includes existing patents, published information and other public material about similar technology. It can affect whether an invention is new or non-obvious.
How Long Does It Take To Obtain An Oil And Gas Patent?
Obtaining an oil and gas patent typically takes two to four years, but the time can vary. It may depend on the invention, the patent application and how long the United States Patent and Trademark Office (USPTO) takes to review it.
If getting a patent sooner is important, some utility patent applications may qualify for the USPTO’s Track One program. This program offers faster review for an extra fee. The USPTO aims to reach a final decision within about 12 months. This does not mean that a patent will be granted within 12 months.
Should I File A Provisional Patent Application For Oil And Gas Technology?
A provisional patent application can give you an early U.S. filing date while your oil and gas technology is still being developed. It also lets you use “Patent Pending” for 12 months.
A provisional application is not reviewed like a regular patent application. It does not become a patent on its own. Instead, it gives you time to keep working on the technology and prepare a nonprovisional application, which is used to seek the patent.
When A Provisional Application May Make Sense
A provisional application may make sense when you need time to:
- Continue field testing or improve the technology
- Prepare for a trade show or public demonstration
- Decide whether the technology has commercial value
- Prepare a nonprovisional patent application
A nonprovisional application generally must be filed within 12 months if you want to claim the earlier filing date of the provisional application.
Timing also matters if you plan to show or sell the technology. Publicly showing, describing or selling an invention before filing can affect patent rights, especially outside the United States.
Get Guidance On Your Oil And Gas Patent Strategy
Planning to patent a new oil and gas technology? Talk with an IP attorney before you disclose, test or sell the invention. Booth Albanesi Schroeder, PLLC, can help you assess patentability and decide whether a provisional or nonprovisional application fits your technology and timeline.
Call 214-997-1647 or complete our online intake form to discuss your invention.
Each Attorney Is Accomplished In A Technical Field And Has More Than 20 Years’ Experience In IP Law