caution needed when consulting a patent attorney

How do I become a patent attorney?

Jul 23, 2021 · Becoming a patent attorney requires at least seven years of study and at least three exams at different points. Here are six steps to become a patent attorney: 1. Earn a science or engineering degree. First, a potential patent attorney earns a four-year college degree, usually a Bachelor of Science degree, in an engineering or science field.

Do I need a protytpe before talking to a patent attorney?

The patent and trademark statutes and regulations should be consulted before attempting to apply for a patent or register a trademark. These laws and the application process can be complicated. If you have intellectual property that could be patented or registered as a trademark, the use of an attorney or agent who is qualified to represent you in the USPTO is advised.

Should I disclose my invention to an invention submission company?

Consulting with a Texas patent attorney is the smarter option. If you are considering entering into a licensing agreement with any entity or individual, proceed with caution. Have a trusted intellectual property lawyer review the terms of the licensing agreement to ensure that it is fair, balanced and appropriate.

Do I need to design a mobile application for my patent?

Feb 22, 2018 · What Patent Attorneys, Patent Agents and Law Firms Need to Know about Client Communications. Patent agents in the United States are authorized to practice in patent prosecution matters before the ...

What questions should I ask a patent attorney?

10 Questions – Hiring a Patent AttorneyExclusively patent and trademark? ... AV-rating? ... Extranet access? ... Representative clients? ... Patents and trademarks found valid in litigation? ... Technical expertise for patents? ... Considered experts in intellectual property? ... Teaching experience in intellectual property?More items...•Jan 15, 2020

Can a patent attorney steal your idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

What can a patent agent not do?

Unlike attorneys, patent agents are not capable of practicing law -- meaning they cannot give you any legal advice, such as advice on non-disclosure agreements, trademarks, patent licensing, and patent infringement.Oct 26, 2016

Do I need an NDA with my patent attorney?

However, as an exception to the general rule, the disclosure of sensitive technical information to a chartered patent attorney does not require a confidentiality or non-disclosure agreement (NDA) to be put in place. ...

Is a patent attorney a legal professional?

What can a patent attorney do? ... However as further understood by Section 200 of the Patents Act a registered patent attorney can give a wide range of intellectual property advice to a client and such advice is privileged in the same way as a legal practitioner providing legal advice to a client.Sep 4, 2018

How can I patent my idea for free?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.Mar 1, 2018

What's the difference between patent agent and patent attorney?

A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

What is the difference between a patent lawyer a patent agent and a patent examiner?

In one sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed lawyers and can practice in court and give advice in all business related legal matters, while patent agents have only passed the Patent Bar Exam and are registered to practice ...Oct 21, 2018

What a patent agent can do?

But, like Patent Attorneys, Patent Agents work with inventors, researchers, and attorneys to evaluate invention technology, assess patentability, draft patent applications, and analyze and respond to the United States Patent and Trademark Office (USPTO) Actions.

Is a patent confidential?

Patent confidentiality means that you can reveal your invention to a third party without worry that they will steal your idea or reveal information about your invention to the public. You can protect information about your invention by using a confidentiality agreement.

Can I discuss NDA with lawyer?

In most circumstance, I recommend a non-disclosure agreement (NDA) to protect the business's idea as they are shared with others. However, attorneys are governed by strict rules and codes of professional conduct relating to communications with clients. Think of this as a built-in NDA when talking with your attorney.

How to become a patent attorney?

Here are six steps to become a patent attorney: 1. Earn a science or engineering degree. First, a potential patent attorney earns a four-year college degree, usually a Bachelor of Science degree, in an engineering or science field . This can provide the technical knowledge base for you to understand the patents you're going to be working with, ...

What skills do patent attorneys need?

Patent attorney skills. A patent attorney may need a wide variety of legal and technical skills to understand and represent their clients' patents. These are some skills a patent attorney may use: Legal and scientific writing: An attorney creates patent applications, so they need to be fluent in legal and scientific language to describe inventions. ...

What is a patent attorney?

A patent attorney helps clients throughout the entire process of getting a patent, from working with the inventor during the development process to filing the patent and defending it from intellectual theft after they file it.

How long does it take to get a juris doctorate?

If you attend as a full-time student, the degree usually takes three years to complete, although part-time evening programs are available that can take four or five years.

How long does it take to get a masters degree in law?

These degrees usually take one year of full-time study to complete.

How much do patent attorneys make?

The average base salary for patent attorneys in the U.S. is $159,649 per year. The salary depends on your geographic area, your employer and your specialization. According to the U.S. Bureau of Labor Statistics, the projected growth rate for all lawyers is 4% between 2019 and 2029, which would mean 32,200 new jobs.

Can a patent attorney consult with a patent attorney?

A patent agent can consult on patent matters , but cannot provide legal advice. The terms patent agent and patent attorney are interchangeable in some places, so consider the context to make sure you understand what the terms mean in different settings.

What Do Patent Trolls Do?

An ordinary company that holds one or more patents usually spends their time and resources manufacturing a product or offering a service. They also likely perform research, looking for new applications and new technology.

Patent Trolls in Action

Here’s one example of how patent trolls work. A company called Lodsys is an obvious NPE. They don’t make or sell anything. However, they do engage in lawsuit after lawsuit, each one alleging patent infringement by another entity.

Mistakes to Avoid

Patent trolls usually make themselves known through a demand or cease-and-desist letter. The worst thing that the recipient of that letter can do is to ignore it. The better choice by far is to consult with a patent attorney so that an appropriate response can be made. Choosing not to respond only strengthens the patent troll’s case down the road.

Can You Protect Yourself Against Patent Trolls?

Patent trolls always bet that their victims won’t know how to react to a demand letter. All too often, people simply throw these letters away, figuring that they are junk mail. Consulting with a Texas patent attorney is the smarter option.

A federally-registered Patent Attorney can assist with

Federally-registered Patent Attorneys are licensed to prosecute patent applications for inventors located anywhere in the world, before the United States Patent and Trademark Office.

Contact us

Please complete the form below to submit your inquiry to Maier & Maier PLLC. Alternatively, you may independently search for a representative through the USPTO Directory of Registered Patent Attorneys and Agents at the USPTO.

A federally-registered Patent Attorney can assist with

Federally-registered Patent Attorneys are licensed to prosecute patent applications for inventors located anywhere in the world, before the United States Patent and Trademark Office.

Contact us

Please complete the form below to submit your inquiry to Maier & Maier PLLC. Alternatively, you may independently search for a representative through the USPTO Directory of Registered Patent Attorneys and Agents at the USPTO.