Raymond Wagenknecht ("Ray") is a US patent attorney educated and practicing in San Diego, California. He has prosecuted over 100 US Patents in a wide range of technologies including the biosciences, medical device and instrumentation. He represents multinational corporations but still enjoys counseling San Diego start-up companies and physician entrepreneurs. His practice includes:
Ray also actively manages international patent portfolios for his San Diego clients extending into Europe and Asia. By maintaining working relationships with a network of foreign patent attorneys across the globe, he is able to obtain comprehensive, global patent protection at a competitive rate.
In addition to his legal practice, Ray is also an accomplished researcher with academic and corporate experience. His dedication to studying the immune response to superantigens while at the University of California, San Diego (UCSD) resulted in contributing authorship on multiple peer reviewed publications. And, while working with a San Diego start-up biotechnology company, NovaDx, he was a contributing author on the company's core technology, ProtoClear and its application with 2D gel electrophoresis. Ray's scientific publications are listed below.
Ray is a graduate of the University of San Diego, School of Law where he was Vice President of the Science and Technology Law Society.
Ray is currently the managing patent attorney at Wagenknecht IP Law Group PC located San Diego's technology hub.
"A B Cell Superantigen-induced Persistent 'Hole' in the B-1 Repertoire"
G.J. Silverman, S. Cary, D. Dwyer, L. Luo, R. Wagenknecht and V.E. Curtiss.
J. Exp. Med., 2000 Jul 3;192(1):87-98.
"Characterization of Superantigen-Induced Clonal Deletion with a Novel Clan III-Restricted Avian Monoclonal Antibody: Exploiting Evolutionary Distance to Create Antibodies Specific for a Conserved VH Region Surface"
Cary SP, Lee J, Wagenknecht R, Silverman GJ
J. Immunol., 2000 May 1;164(9):4730-41
"A B-Cell Superantigen That Targets B-1 Lymphocytes"
Silverman GJ, Cary S, Graille M, Curtiss VE, Wagenknecht R, Luo L, Dwyer D, Goodyear C, Corper AL, Stura EA, Charbonnier JB
Curr Top Microbiol Immunol. 2000;252:251-63
"Improved two-dimensional gel electrophoresis representation of serum proteins using ProtoClear™"
Lollo BA, Harvey S, Liao J, Stevens AC, Wagenknecht R, Sayen R, Whaley J, Sajjadi FG.
Electrophoresis, 1999 Apr-May;20:854-9
“In Vivo Consequences of a B-Cell Superantigen Immunization”
Gregg J. Silverman, Jayakar Nayak, Raymond Wagenknecht, Klaus Warnatz.
Ann. N.Y. Acad. Sci., 1997 Apr 5;815:105-110
Below we provide a general overview of the patent process.
Patent applications publish 18 months from the priority date. Therefore, a patent search can be conducted to identify whether or not an invention is described in a US patent or published US patent application. A patent search can also help assess a potential risk of patent infringement of an issued patent. Inventors can begin the patent search process themselves using search engines, such as Google patents.
A provisional patent application does not issue as a patent itself but instead establishes a priority date, which remains pending for one year. Since the US is now a "first to file country" a provisional patent application can help establish an early priority date while a more formal application is prepared.
A patent application is a legal document setting forth a property right and should therefore be prepared by a licensed patent attorney. A patent application has a number of formal requirements. A patent application must describe the invention sufficiently to demonstrate possession of the invention and to teach one skilled in the art how to make and use the invention.
Although there is no duty to perform a patent search, the inventor is required to disclose known references that are material to the patentability of the invention. References are grouped and submitted to the US Patent Office (USPTO) according to document type using an information disclosure statement (IDS).
The patent examiner will review the IDS, perform a supplemental patentability search, and notify the Applicant whether the invention meets the requirements for a US patent. If not, the patent examiner will explain the rejection in an Office Action. The Applicant is permited to respond to the Office Action to argue for patentability of the invention.
Once the examiner is statisfied that all of the requirements are met for a US patent, a Notice of Allowance is mailed. The Notice of Allowance sets the time period to pay the issue fee for grant.
Once the issue fee is paid, the patent application is scheduled for grant. As a general rule, the term of a US patent is 20 years from the earliest nonprovisional filing date in the US; however, this period can vary depending on term extensions or disclaimers. To keep the patent in force, regular maintenance fees must also be paid.