how can i get my patent's attorney to discuss a case with me

by Alvina Thompson 10 min read

Do I need a lawyer to file a patent?

Sep 30, 2017 · The patent attorney or patent agent you hire is there to represent you. They are not the inventor, and they need your assistance. Cooperation is critical.

How can I get my case attached to a lawyer?

What can I do – that you can guide me in – so I can save money? Who in your firm will handle my account? If the attorney hands everything off to a Jr. Partner, what good is that. And beware – when they are both talking about your patent you are …

Do I need a lawyer to get a power of attorney?

While the Sunk Cost Fallacy can be a huge driver for continuing to pay your patent attorney, the analysis of “it will only cost me this one more response to a rejection” is more legitimate. The cost tradeoff is between getting a patent (a huge win) and the cost of arguing/amending to overcome a rejection (about $4000).

What documents do I need to get a power of attorney?

Aug 22, 2012 · The lawyer did not give a good impression to my family and sounded more like the prosecutor instead of defense lawyer . I am now asking about a refund policy he stated I get nothing back however he has not put in any man hours into the case I have not yet been to my 1st court date yet he even threatened to revoke himself from the case after I ...

What do you do when someone violates intellectual property?

If you know that your intellectual property rights are being infringed, you can seek a court order to stop the infringer using your intellectual property rights.This type of court order is called an injunction.Jun 13, 2016

What three steps should you follow if someone infringes on your intellectual property rights?

There are typically three main options to choose from:Make contact with the infringer.Issue proceedings against the infringer.Take no action.

How do you prove intellectual property rights?

How to prove IP theftTake note of who has access to your IP. Have you recently partnered with another business or hired a freelancer who has access to confidential materials? ... Document suspected infringement. ... Calculate and record how much the theft has cost you. ... Seek legal help.Mar 17, 2020

Can a patent agent 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.

Can you sue for infringement without a patent?

A patent offers an exclusive monopoly on an invention. ... However, if you wish to sue a person or business for infringing on your patent—that is, for using it without permission—you must file a lawsuit in federal court.

How do you stop someone from stealing your intellectual property?

7 best practices to prevent intellectual property theftIdentify the most valuable data. ... Review user access to IP. ... Find cybersecurity gaps and weak spots. ... Establish a data security policy. ... Monitor employee activity. ... Prevent potential incidents. ... Educate employees.May 18, 2021

What is trademark secret?

In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, ... be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.

What acts are considered as a violations of the intellectual property Code?

Some of the most common violations are: Infringement of patent, trademark or copyright rights. Counterfeiting of copyrights or trademarks. Misappropriating trade secrets.Jan 24, 2020

Can someone steal your intellectual property?

All that has to happen for a thief to steal intellectual property is to copy someone else's work, idea, or product. Often, the victim might not even know that something has happened. ... It's possible the theft of their intellectual property will cause damage to their reputation or job, or even bodily harm.

How do I stop someone stealing my ideas?

WAYS TO PREVENT OTHERS FROM STEALING YOUR IDEAS:REGISTER THEM WITH A RECOGNIZED INSTITUTE: ... KEEP A STRONG CHECK DURING THE PLANNING AND DEVELOPMENT STAGE: ... ARRANGE NON-DISCLOSURE AGREEMENT FOR THE PEOPLE WHO KNOW ABOUT YOUR IDEA: ... GET THE NON-COMPETE AGREEMENT SIGNED AS WELL:More items...•Nov 21, 2019

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

How do you protect an idea before a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

2 attorney answers

You say you had never met the lawyer before this conversation occurred which makes me wonder if you had really retained them. Was this an appointed attorney? If in fact you had engaged the attorney or they had been appointed to defend you, then certainly they should not have discussed specific facts without your permission.

Harold W. Whiteman Jr

You say you had never met the lawyer before this conversation occurred which makes me wonder if you had really retained them. Was this an appointed attorney? If in fact you had engaged the attorney or they had been appointed to defend you, then certainly they should not have discussed specific facts without your permission.

What is HIPAA Privacy Rule?

Yes. The HIPAA Privacy Rule at 45 CFR 164.510 (b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object. The covered entity may also share relevant information with the family and these other persons if it can reasonably infer, based on professional judgment, that the patient does not object. Under these circumstances, for example: 1 A doctor may give information about a patient’s mobility limitations to a friend driving the patient home from the hospital. 2 A hospital may discuss a patient’s payment options with her adult daughter. 3 A doctor may instruct a patient’s roommate about proper medicine dosage when she comes to pick up her friend from the hospital. 4 A physician may discuss a patient’s treatment with the patient in the presence of a friend when the patient brings the friend to a medical appointment and asks if the friend can come into the treatment room.

Does HIPAA protect your privacy?

Answer: Yes. The HIPAA Privacy Rule at 45 CFR 164.510 (b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.

Can a lawyer discuss client confidences?

Lawyers are not allowed to discuss client's confidences. Lawyers are certainly allowed to discuss the pendency of interesting cases, much like physicians discuss difficult surgeries or new outbreaks. Unless you have evidence the lawyer discussed your narration he not only did nothing wrong but was probably zealously looking for ways to help you. You're going to have to trust somebody, sometime.

Is a court case confidential?

Keep in mind, if a court case is involved, the case is public record as are any of the pleadings (with some exceptions). So, much of your case is NOT confidential. Attorneys, even inexperienced ones, are pretty good about drawing the line between confidential and non-confidential. The problem is, most laypeople think more info is confidential than really is.

What is POA in law?

A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.

When does a springing POA take effect?

Unlike most other types of POA documents, a springing POA agreement doesn't take effect until a specified date or a particular event takes place. For example, your parent may not want you to have any authority until he or she becomes incapacitated or turns a certain age.

Can you have more than one power of attorney?

However, there can be more than one person with power of attorney because your parent may decide that various responsibilities should be divided up among two or more people. (Frequently, for instance, one agent will handle financial matters, whereas another will handle healthcare issues.)

What is POA agreement?

Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.

Is it too late to get a power of attorney?

After all, by the time your parent becomes legally incapacitated, it's too late to get power of attorney. At that point, you have to pursue the more costly and time-consuming option of adult guardianship. That's why the issue of "capacity" is so important.

What is a POA?

Also known as special power of attorney, this type of POA grants an agent the authority to handle a very specific situation on the principal's behalf. For example, your parent may grant you limited POA to represent him or her in the sale of a particular property or to manage his or her transition to a nursing home or assisted living facility. Your authority as the agent ends as soon as you've successfully completed the defined activity or reached the agreement's specified expiration date. And your powers do not extend to anything other than what is specified in the document.

Can a power of attorney be challenged?

In fact, a power of attorney can be challenged. Banks, investment firms, and medical providers frequently do this. After all, third parties don't want to be held liable for honoring powers of attorney that might be forged, invalid, revoked, expired, or the product of coercion.