patent attorney what people think i do

by Jamal Price 5 min read

What patent attorneys do is assist inventors through the patent application procedure and help draft a patent application that is more likely to get approved and will ensure the protection of the invention. To begin with, patent lawyers enter an apprenticeship that enables them to master the skill of patent application.

Full Answer

How can a patent attorney help you get a patent?

The integral skills of being a good patent lawyer are as follows: Excellent oral and written communication skills Higher level of cognitive skills in terms of analytical thinking and problem solving Detailed researching skills

How hard is it to find a good patent attorney?

Sep 16, 2015 · Typically, the procurement of a patent begins with the inventor describing his invention to a patent lawyer. The patent lawyer evaluates the utility, novelty and obviousness of the invention, and based on that evaluation and other business and technical considerations, advises the client as to whether a patent application should be filed on the invention.

What skills do you need to be a patent lawyer?

Often, attorneys simply quote the cost for drafting the application without the argument costs, government fees, etc. It is typical for an attorney to say it will be $10K for your patent, but they are forgetting the $2K government fee for filing, $4K per round of argument, annuity fees of $7-13K, etc. A more honest answer is $30-40K spread over ...

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

May 22, 2016 · In many cases there is no winner as both patent agents and patent attorneys can handle most everything that is needed to write and file a patent with the US Patent Office (USPTO). For about 95% of all inventors choosing either a patent agent or a patent attorney should not matter, however, as shown in the table below, patent attorneys are able to do a few …

image

What happens after a patent is issued?

After the patent application issues as a patent, the patent lawyer may then be called upon to investigate and develop licensing opportunities for the patented product or process.

How long does a patent last?

for a term which is normally twenty years from the date of filing of the patent application, unless extended under certain exceptional circumstances.

What is a patent lawyer?

A patent lawyer, also known as an intellectual property lawyer, represents people who wish to get a patent and be assigned a number of exclusive rights as an inventor. Patent lawyers: Prosecute and write patent applications. Advise and deal with infringement on patents and patent applications.

How to become a patent lawyer?

To become a patent lawyer, you must complete the following: 1 The first thing to do when becoming a patent lawyer is earning your bachelor's degree in a field of science that has been accepted by the U.S. Patent and Trademark Office (USPTO). 2 To prove technical skills, candidates must submit a B.Sc. of chemistry, engineering, biology, or a related area. 3 After earning a bachelor's degree, the next step is to become an actual patent lawyer before completing a Juris Doctor (J.D.) program for an accredited law and graduation license. 4 You must complete the application described by the USPTO. 5 Once the application is approved and the patent lawyer passes the exam, they become a registered patent lawyer. 6 Those who have the necessary professional qualifications and pass the exam, but do not obtain a diploma, can still work in the same capacity as patent lawyers.

How much do patent attorneys make?

Patent attorneys earn between about $212,735 and $291,628 annually according to June 2020 data from Salary.com. The median annual salary for this type of lawyer is $253,324. The variance is based on experience, specialty, physical location, and other factors.

How many hours do patent lawyers work?

Most patent lawyers work a regular 9 a.m. to 5 p.m. Monday through Friday schedule, but overtime hours may be required .

How long does a patent last?

Patent rights last for up to 20 years from the date the idea was first filed. And it could be 3 or more years before a patent is granted. Given such long time frames, it is in your best interests to ask your patent attorney to give a ballpark estimate of the costs that you would incur during this entire period.

How many patents were filed in 2015?

According to US Patents and Trademark office 629,647 total patent applications filed in the year 2015. On average, about two thirds of those applications will issue eventually, but the likelihood of receiving a patent varies wildly with certain technologies having only a 10% chance of success.

Do you need a prototype to patent an invention?

Therefore, a fully functioning prototype of a company’s invention is not necessary before filing a patent. As such, if you are designing a mobile application for your patent, it is not necessary to have the web application fully functioning or even segments of code before talking to a patent attorney. What would be necessary, is that another could write the code or reverse engineer similar code based on what is disclosed on your invention.

What happens if you disclose your invention?

3- If You Do Disclose Your Invention, Record the Dates. If a company does publicly disclose an invention, it is important to record the dates that their invention was disclosed on. That is because the one year bar date is a hard deadline. If your company obtains a patent, it may later be invalidated if the patent was filed one year ...

Why is it important to record the date of an invention?

If your company obtains a patent, it may later be invalidated if the patent was filed one year and one day after your disclosure date.

Patent Agent vs Patent Attorney

The table above shows a quick summary of a patent agent vs a patent attorney. As you can see, both agents and attorneys can handle all matters related to writing and filing a patent. In most routine patent matters it should not make a difference if you hire a patent agent or patent attorney.

So who is better, a patent agent vs patent attorney?

Since we have already learned that both patent agents and patent attorneys can write and file patents for you, how do you choose? It is very hard for the average person to know who is a good patent agent and a good patent attorney.

No Obligation Price Quote - Confidential

Enter your information to get a customized price quote from a Registered Patent Agent (no obligation to purchase and all information kept confidential)

What does a patent attorney do?

A patent attorney usually does one or both of the following: (1) writes patent applications for inventors, which involves corresponding with Examiners at the U.S. Patent and Trademark Office; or (2) litigates, which involves representing a party against an opponent in court.

Can a patent agent represent a client?

And they have to study the patent rules and the patent laws, and how the patent office works, a patent agent is permitted legally to represent patent clients in preparing and filing patent applications and then prosecuting them through the examination process in the patent’s office to obtain an issue. Continue Reading.

What is provisional patent?

Provisional patent applications were invented as a lower-cost first patent filing. Use the year of patent pending status afforded to you to figure out if your invention has legs. File additional provisional patent applications when you make improvements.

Is intellectual property valuable?

Intellectual property is only valuable when deployed strategically, to further a business goal. That’s a far less sexy sentiment than what I hear over and over again online, which is that having a patent will stop someone else from stealing your invention. If only it were that simple! I’m not alone in my frustration.

Who is Michael Marra?

Michael Marra is an inventor whose firm Marra Design Associates helps inventors license their toy, game, novelty, and seasonal ideas for royalties. Over the past three decades, he has licensed more than 150 product concepts that were not patented.

image