Some invention promoters will want the lawyer or agent to pay them a “referral fee” for any inventor-clients. Giving anything of value to an invention promoter for a referral is unethical. Seventh, beware of aiding the unauthorized practice of law.
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102(f) for incorrect inventorship, claiming the patent attorney was the true inventor. The Federal Circuit ostensibly concluded that, as a matter of law, a patent attorney can never be an inventor in a patent he is prosecuting.
A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement. Only lawyers can draft contracts or non-disclosure agreements or represent you in any legal proceedings involving state or Federal court.
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.
Because the USPTO rules prohibit partnerships with non-practitioners, the USPTO rules seemingly prohibit a U.S. licensed legal professional (attorney or patent agent) from being a shareholder or partner in a law firm in which a foreign attorney is a shareholder, member or partner.May 26, 2021
"Most patent agents I've known are better than patent attorneys," he said. "They do more of the difficult work of drafting patents... they're really the workhorses of this industry. They're behind the scenes making lawyers look good. They really know their stuff and they're great at what they do!"Oct 26, 2016
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
Insisting that a patent attorney or patent agent sign a confidentiality agreement because you do not trust the mandatory requirements placed on patent practitioners by federal regulations (something many inventors have told me over the years) is a quick way to be viewed as a non-serious individual who will be difficult ...Sep 30, 2017
5 Creative Innovators Who Stole Their Biggest IdeasAlbert Eistein. When most people hear the name of the famous physicist, they think: he was the one who discovered the theory of relativity. ... Alexander Graham Bell. The telephone... ... Mark Zuckerberg. ... Quentin Tarantino. ... William Shakespeare.Nov 11, 2021
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.