what is a patent attorney for

by Maximillian Gutmann 5 min read

A patent attorney is a lawyer with expertise in intellectual property law pertaining to securing and protecting an inventor's property rights. ... Patents are granted to inventors of unique, useful, and non-obvious inventions.

What does a patent lawyer do daily?

Responsibilities include consulting inventors to discuss their ideas, examining scientific documents, drafting and applying for patents, conducting litigations and defending or enforcing existing patents.

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.

Who stole inventions?

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, 2016

How much does it cost to patent an idea?

The average cost to patent an idea ranges from $5,000 to $16,000+ depending on how simple or complex your invention is. An extremely simple design such as a paper clip typically costs $5,000 to $7,000 to patent, whereas a highly complex invention such as software or satellite technologies runs $14,000 to $16,000+.

Why are there no patents in Hong Kong?

The main reason is because Hong Kong does not have a standard patent (20 years) original grant system. Currently Hong Kong recognizes standard patents or patents for invention registered and granted in the People's Republic of China, European Patent Office (designated UK), or United Kingdom. These patents can be re-registered in Hong Kong without examination within a prescribed period. On October 4, 2011, the Hong Kong SAR Government published a Consultation Paper on Review of the Patent System in Hong Kong.

What is a patent attorney?

patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different ...

How to become a registered patent agent in Canada?

To become a registered patent agent in Canada one must complete a series of four qualifying exams over four days. As of May 1, 2014, a patent agent trainee can sit the exams if the trainee is a resident in Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for a period of at least 24 months. Up to 12 months of practical experience will also be recognized for those entitled to practice before the patent office of another country. One may also qualify to sit for the exams if the individual is a resident of Canada and has been employed for at least 24 months on the examining staff at the Canadian patent office.

Where are patent attorneys located?

As of the beginning of the 2019, there were 2001 patent attorneys in Russia. Most of them are located in Moscow (1194) and Saint Petersburg (298). Patent attorneys are entirely absent from 23 regions of Russia.

Is the EPO a member of the European Union?

The EPO exists by virtue of the European Patent Convention (EPC), and is not legally bound to the European Union . To legally represent clients (generally patent applicants, proprietors and opponents) before the EPO, a patent attorney must first be registered to act in that capacity as a professional representative.

What is the role of the European Patent Office?

The task of the European Patent Office (EPO), which is the main organ of the European Patent Organisation, is to grant European patents (and also to hear and determine third-party challenges to the validity of European patents, in opposition proceedings ).

What is a patent agent in India?

In India, a person registered to practice before Indian Patent Office is called a "Registered Patent Agent" or simply "Patent agent". The Indian Patent Law specifically does not mention the designation of "Patent Attorney".

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.

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 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.

Do patent lawyers have experience?

Patent lawyers are certainly not plentiful. In fact, companies that choose to serve small businesses and individuals do not always offer the best service. Patent law firms often give them a junior patent lawyer with insufficient experience.

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 .

Start with your needs first

Your absolute first priority in seeking the aid of a patent attorney should be figuring out what you need to accomplish what you want. This means figuring out where what you’re doing fits in. If your patent is based in a specialized area, you’re going to want to work with people who are trained and specialize in that same area.

Scout the competition

Secondly, you will want insight as to how much competition you (and your attorney) are going to have from other patent holders- you can check the USPTO website for information regarding your market and potential competitors.

Draft a team

Ultimately, you’re going to end up choosing only one lawyer, but in an ideal world, you would have a team. For this next step, you want to assemble a list of five to seven qualified and capable attorneys that would make your ideal team.

Get to know your teammates

Once you have your initial list of qualified candidates, you will want to do a little background check on them- but nothing too serious! A quick Google search should suffice to provide you with insight as to their reputations, press relations, what their workload looks like, and more.

Meet your team

Once you have five to seven of your favorite candidates assembled, its time to reach out to them for two things: the first is to confirm that they are accepting new clients, and the second is to schedule a preliminary interview upon confirmation. “I treat attorneys like I do physicians,” says John E.

What is a patent?

A patent is an exclusive right granted by the state allowing its owner to control commercial exploitation of an invention. The invention can relate to anything from computers and electronics to pharmaceuticals and gene sequences, provided that it is new and is not obvious.

What does a patent attorney do?

A patent attorney assists their client, or their employer, in obtaining a patent. This includes drafting the description of the invention and the claims, as well as communicating with the patent office to make the case for why a patent should be granted.

Anything else?

There is more to the job than just drafting patents and arguing with examiners. Patents are just one aspect of intellectual property; attorneys also need a good awareness of designs, trade marks and copyright.

What about other countries?

Patents are territorial – they only protect the invention in the country concerned. Many clients want their invention to be protected in many countries, and patent attorneys in the UK help with this.

What do you need to be a patent attorney?

A good science or engineering degree and broad-based interest in science and technology. Have you ever taken something apart to see how it works?

Why become a patent attorney?

Patent attorneys work in a unique space where law, commerce and technology all overlap. One of the really engaging aspects of the job is that you actively utilise both your scientific knowledge and your analytical reasoning every day.

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 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, ...

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 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. ...

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.

Finding a registered patent practitioner

OED maintains a register of active patent practitioners who are eligible to represent others before the USPTO in patent matters. Only registered patent attorneys and agents, and individuals granted limited recognition, may represent patent applicants before the USPTO.

Disciplined practitioners

For information about practitioners who have been disciplined, search OED Final Decisions in the FOIA Reading Room.

What is a registered patent practitioner?

Registered patent practitioners are individuals who have passed the USPTO's registration exam and met the qualifications to represent patent applicants before the USPTO. Trademark practitioners are attorneys who are active members in good standing of the bar of the highest court of any State.

What is the OED?

The Office of Enrollment and Discipline (OED) administers the registration exam and maintains a roster of current patent practitioners.

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Overview

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

Qualification regimes

In Europe, requirements for practising as patent attorney before national patent offices should be distinguished from those needed for practising before the European Patent Office (EPO) or the Eurasian Patent Office (EAPO). On the national level, the requirements are not harmonized, although across the 28 Member States of the European Unionrespective professional qualifications ar…

Notable patent attorneys and agents

See List of patent attorneys and agents, including fictional characters who are patent attorneys.

See also

• European Patent Institute (epi)
• International Federation of Intellectual Property Attorneys (FICPI)
• Patent engineer
• Patent examiner

External links

• Australia
• Europe
• North America
• New Zealand
• Singapore

What Does A Patent Attorney do?

  • A patent attorney assists their client, or their employer, in obtaining a patent. This includes drafting the description of the invention and the claims, as well as communicating with the patent office to make the case for why a patent should be granted. Drafting the description and the claims requires a technical background in order to properly understand the invention and clearly …
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Anything else?

  • There is more to the job than just drafting patents and arguing with examiners. Patents are just one aspect of intellectual property; attorneys also need a good awareness of designs, trade marks and copyright. Knowledge of these other forms of intellectual property is necessary for qualification and attorneys are expected to be able to advise on technical and commercial probl…
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What About Other Countries?

  • Patents are territorial – they only protect the invention in the country concerned. Many clients want their invention to be protected in many countries, and patent attorneys in the UK help with this. The vast majority of UK Chartered Patent Attorneys are also qualified (by a set of rigorous examinations) to represent clients before the European Patent Office(EPO), which has the powe…
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Why Become A Patent Attorney?

  • Patent attorneys work in a unique space where law, commerce and technology all overlap. One of the really engaging aspects of the job is that you actively utilise both your scientific knowledge and your analytical reasoning every day. A lot of the job involves solving puzzles of one sort or another, which can require creative thinking and makes the job intellectually very stimulating. Th…
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