You have an idea for a new product, and want to patent it. But what next? It is crucial to file a patent application in order to protect your invention and your intellectual property. However, it can be complex and time-consuming to get a patent. You may wonder how to determine if you need a patent attorney for help. But do you need a patent attorney? Being a patent attorney with over 20 years of preparing and filing patent applications, the answer to me is yes, it is highly advisable to hire a patent attorney. Before you laugh at my self-interest in answering the question, there are good reasons for my answer and there are some important things you need to know before making a decision.
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Who are Patent Attorneys?
A patent attorney is a professional in patent laws. Patent attorneys have prior work experience as scientists, programmers, or engineers in a particular technological art.
There are several advantages to hiring an experienced patent attorney with domain knowledge expertise, including:
- Technical Expertise: An experienced patent attorney with domain knowledge expertise will have a deep understanding of the technical aspects of the invention, which is essential for properly drafting and prosecuting a patent application. They will be able to explain the invention in a way that makes it clear to the patent office how the invention is novel and non-obvious.
- Strategic Counsel: An experienced patent attorney with domain knowledge expertise can provide valuable strategic counsel on how to build and protect the patent portfolio, including advice on how to avoid potential infringement issues, and how to position the patent for licensing or sale.
- Time-saving: An experienced patent attorney with domain knowledge expertise can save time by understanding the relevant prior art and laws, and by having a good understanding of the patent office procedures and practices. They can help to expedite the patent application process and increase the chances of getting a patent granted.
- Stronger Patent: An experienced patent attorney with domain knowledge expertise will be able to draft a stronger patent application, which can increase the chances of getting a patent granted and also make the patent more valuable. A stronger patent can also be more difficult to challenge or invalidate.
- Cost-effective: Hiring an experienced patent attorney with domain knowledge expertise can be cost-effective in the long run, as they will be able to identify and address potential issues early in the process, which can prevent costly mistakes and delays down the road.
What is the difference between a patent attorney and patent Agent?
They share many similarities. Both have passed the PTO exam for registration they are required to have some technical training. Both are competent in the requirements for filing, prosecuting, and preparing patent applications with USPTO.
Patent agents and patent attorneys differ in their ability to practice law. A patent attorney is a licensed lawyer who has completed law school and taken the examination to become a registered attorney in that state. A patent agent cannot give legal advice and is not licensed to practice law.
In any legal proceeding involving federal or state court, only lawyers can represent you. A patent agent can often be less expensive than a patent lawyer due to differences in legal education. While both can prepare patent applications and prosecute the USPTO, only attorneys can practice law. An attorney, for example, can represent patent litigation before the courts.
Do I Need A Patent Attorney To File For A Patent?
To apply for a Patent, you don’t need to be a Patent Attorney. You can file for a patent on your invention as an inventor. Is it a good idea? No.
It is difficult to write a patent. It is not easy to communicate the technical details of an invention. You also need to protect your million-dollar idea. Patent law is a complex legal field that deals with highly technical topics. Even if your invention seems simple, it can be difficult to file a patent.
You could, for example, make your prototype entirely from 3D printed thermoplastic. While you could use other types of 3D printing materials to make your prototype, the patent office might reject your patent unless you explicitly state so. You may also be subject to other oversights and omissions that could limit the patentable inventions you are allowed to make.
It is a smart idea to have an attorney review what you have written if you plan to create your own patent. This will save you money and provide the same benefits as hiring a lawyer to prepare your patent application.
Top Reasons Why You Should Consult A Patent Lawyer While Filing
While filing a patent is the recommended course of action to take when trying to protect your intellectual property, it is not easy. The process is quite lengthy and can not only be confusing but also tiring for you. Once you start the process, you may be tempted to quit halfway through. However, a patent lawyer can help you navigate through all this in the following ways:
The truth is that you may not have all the information you need in order to file your patent successfully, especially when it comes to legal issues. A patent attorney can give you great advice on the type of patent to get, how long it will take, any non-disclosure agreements that you may need, and the appropriate compensation for those who worked on the project with you. Navigating these issues peacefully can speed up your patenting process.
Another advantage of dealing with a patent lawyer is that they have helped others go through the process numerous times before. This means that they are better placed to advise you on which route to take and how to file cheaply. Since they know the process inside out, they will be able to help you keep up with important deadlines and requirements. This will work in your favor as you will only need to submit documents once.
Defending your patent
Most patents undergo rejection on their first submission, with most examiners wanting more information to prove the invention’s legitimacy. Your patent lawyer can be of great help when defending your design patent. This is especially true when it comes to dealing with infringement charges either from you or by a third party. They can help you sort out the problem in a way that protects your property.
The Top Qualities Of A Great Patent Attorney
Patenting can be quite expensive, depending on your invention. In order for you to enjoy the handwork of your invention, you need to file a useful patent. The only technique to do this is by ensuring that you have a fantastic patent attorney in your corner. Thus, the following characteristics can help you pick an attorney with your best interests at heart:
Patents are usually granted on a first-come, first-served basis. This means that if your idea gets leaked out and another person ends up filing their patent before you, you lose all your hard work. For this reason, the patent lawyer that you choose to work with should be trustworthy. Whatever you discuss should be kept between the two of you. In fact, if they can sign a non-disclosure agreement, the better.
Patenting is a process that can easily take up to 2 years. Thus, you and your attorney will be in each other’s lives for quite a while. In order for it to triumph, you need to ensure that you choose a lawyer with great communication skills. Your patent attorney should be able to keep you up to date with patenting process, effectively keep you up to date with any deadlines and communicate any hiccups with the process.
Patent lawyers are required to have a scientific degree together with their law degree. This is to enable them to understand your invention and determine its merit before beginning the patenting process. Before you work with any patent attorney, you need to check whether they have any knowledge in the area of your invention. If they don’t, they might be able to understand what your work is about and this may derail the process.
What paperwork might an attorney ask me to sign in order for the services?
This is the Power of Attorney, which shows that you have appointed them to represent you and manage the patent application process for you.
An attorney may ask you for a power of attorney when working with you. A power of attorney allows the person who has this power to represent you or handle your patent application. A power of attorney gives the person the authority to communicate directly with the USPTO. This does not grant the person any ownership rights to your invention. You can terminate this relationship at any time by granting power of attorney to another person.
The PTO cannot answer questions from you or your agent if you are represented only by a patent attorney.
Hire a Patent Attorney
It is important to know when you should hire a patent attorney. This will help make the patent application process as smooth as possible. To learn more about filing a patent application for your invention, please contact us.