what questions should you ask a patent attorney

by Henri Funk 8 min read

That’s why before hiring him as your legal partner, these are the questions to ask a patent attorney:

  • Do you have proven results and experiences in patent litigation and patent registration?
  • What obstacles do you anticipate for my case?
  • Do I need to go into your office every time you call for a meeting?
  • How much is your professional charge?

Full Answer

Who writes your patent application?

You need to ask questions to see if the lawyer has personal experience with the kind of products you want to protect and an ability to help you describe the invention to protect its value. You want someone that understands how to patent an idea like yours and turn it into valuable intellectual property.

What does a patent attorney do?

Sep 30, 2021 · Here are my top five questions every inventor should ask before hiring a patent attorney. Question 1: Are you a USPTO registered Patent Attorney? Patent attorneys must pass a separate test to allow them to practice before the United …

Should your tech company hire a patent attorney?

A qualified patent lawyer should be able to provide a detailed sequence of events starting with a patentability search and culminating with the actual filing of paperwork. Along the way, the attorney should also discuss issues related to licensing and international patenting. What are your fees? It's important to know the fees the attorney will charge you in advance. An …

What should you look for in an intellectual property lawyer?

If they won’t, ask what most of his or her patents cost – they should know that off the top of their heads. What is the cost of a Provisional Patent? Ask the cost of …

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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

How do I interview a patent attorney?

Below are 4 questions to ask a patent lawyer before hiring them to do the job....Let's begin!What's Your Legal Experience?What's Your Technical Experience?Can Your Patent Lawyer Explain Their Work Process?Can You Provide References?Sep 20, 2019

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 are the typical duties of a patent attorney?

Specially trained in drafting patents and with knowledge of intellectual property law, patent attorneys lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.

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 much does it cost to patent an idea?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

What happens if someone copies a patented idea?

By attaching a copy of the patent, you have now put the infringer on notice about the patent, and any further use of that patent will be willful and subject to enhanced damages, in the event of litigation.

Is it worth becoming a patent attorney?

It's not a bad start for a career in IPR but after a point, career progression tends to hit a ceiling. If you're the kind of person who's satisfied with that job profile and limited growth prospects or can not afford to take a sabbatical from work to pursue Law school education, Patent Agent suits you better.

What skills do you need to be a patent attorney?

Key skills for patent attorneysMeticulous attention to detail.Independence.Ability to explain complex information clearly and concisely.Good communication skills.Sound scientific and technical knowledge.Good IT skills.Analytical skills.

Is being a patent attorney stressful?

The Career Stress may come in the form of long working hours, demanding clients, and tight deadlines, but that is true for any law firm. You may enjoy the job aspect where you interact with clients and their creative ideas, discussing their invention, and researching the likelihood of successfully attaining a patent.Jun 29, 2021

Questions Particular to Patent Attorneys

Do you have technical experience or technical background, such as software, life science, or mechanical engineering?

Questions to Ask in General

Is your firm highly rated, such as receiving an AV-Rating with Martindale-Hubble?

Some Things to Consider When Interviewing Patent Attorneys

A confidentiality agreement is not needed. Federal law requires that patent attorneys and agents keep all information and material related to clients' (or prospective clients') inventions confidential. These federal requirements are more stringent than a confidentiality agreement would be.

What does a patent lawyer do?

The patent lawyer works for you. You are hiring them to manage a complex project that may involve a lot of people. You need a lawyer who can manage writing the patent and be a technical and legal expert. And, you want to find out early if you and the attorney share the same ideas and processes.

What is the process of filing a patent?

Filing a patent is a complex process, and your lawyer will lead a team of professionals. It's most likely that your lawyer will have junior patent attorneys or patent agents that work for them. Ask who he or she thinks will work on your patent and why they chose them.

What is utility patent?

Utility patents are among the valuable assets in the world. Unlike other forms of intellectual property protection, they have numerous formal requirements and can be very expensive to get. For new inventors, pursuing a utility patent can be daunting. If, however, you take it one step at a time, you too can receive an issued patent for your invention.

What is a patent attorney?

Most patent attorneys specialize in either patent prosecution (the process of obtaining patent rights for inventions) or patent litigation (handling legal disputes about whether someone is infringing an existing patent). If you’re looking for advice about protecting your own company’s inventions, look for a firm (or a group within a firm) ...

What is legal experience?

LEGAL EXPERIENCE. A law firm’s website might advertise intellectual-property services — but that doesn’t always mean that they have actual experience advising tech companies, or with successfully prosecuting cases before the U.S. Patent and Trademark Office (USPTO). Look for a patent attorney who has significant experience handling patent filings. ...

Is a patent law firm a long term relationship?

A tech company’s relationship with a patent law firm is often a long-term one. That’s why it’s important to do your due diligence to ensure you’re hiring the right attorney for your intellectual property needs.

How long does it take to become a patent attorney?

To become a Patent Attorney, the minimum requirements is: 4-year bachelor of science degree program (most have masters or higher) or course level equivalent. 3-year law school curriculum, passing at least one state bar examination. Passing a separate patent bar exam.

What is the patent bar exam?

The patent bar exam assures knowledge within the rules of how to get a patent issued, but it doesn’t teach how to assure a patent will stand up in court in front of a judge or jury if it were to be tested. This is what a Patent Attorney can bring to the table. They know how patents are litigated.

Can you change your mind later?

Yes, you can change your mind later – but what’s important is that you have a goal and better yet, a PLAN. The plan is where a Patent Attorney can help. Going into a consultation knowing where you want to be is a HUGE advantage over someone going into a meeting blind.

What is a Kickstarter?

Any offers for sale or actual sales to any persons or entities. Any publications of your invention in a magazine, newspaper, online (e.g. Kickstarter) This is also where you talk about any co-inventors, or people that you think might be co-inventors or contributors.

Can you make money from a patent?

There’s nothing wrong with that . However, when inventors try to get a patent, they usually have a common goal in mind, which is to make money from the patent. In order to make money with your patent, there is a whole HOST of things that must happen.

How to hire a patent attorney?

Hiring a patent attorney is the key to have a cost-effective and efficient patent application. That’s why before hiring him as your legal partner, these are the questions to ask a patent attorney: 1 Do you have proven results and experiences in patent litigation and patent registration? 2 What obstacles do you anticipate for my case? 3 Do I need to go into your office every time you call for a meeting? 4 How much is your professional charge? 5 Are you working for patents only?

Can I use a patent attorney for my invention?

The answer will always be yes, since you’re looking for patent services. However, quality patent service will assure that your invention is not just only patentable, but also, your patent attorney should ensure the marketability of your work.

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Legal Experience

  • A law firm’s website might advertise intellectual-property services — but that doesn’t always mean that they have actual experience advising tech companies, or with successfully prosecuting cases before the U.S. Patent and Trademark Office(USPTO). Look for a patent attorney who has significant experience handling patent filings. Here are some guiding questions to find out abou…
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Technical Experience

  • In order to pass the patent bar, an attorney must possess a degree of technical experience, as demonstrated by holding at least a bachelor’s degree in a technical field or some equivalent. But not everyone has the same technical background. You want an attorney who understands the technology you’re developing. For example, if your invention deals with nanotechnology, a lawye…
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Work Process

  • You’ll need to work closely with your attorney through the process of obtaining a patent — so be sure you can work well with them. It’s also important to understand who you’ll be working with. At small firms like Henry Patent Law Firm, the attorney you speak with during the hiring process will likely also write your application. But if you’re choosing a large firm, a variety of associates may …
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Cost

  • While strong patent counsel can get expensive, hiring an attorneyis also an investment in your IP assets. As such, tech companies should build this into their annual budget. That said, you also don’t want a rude awakening when you see your invoice. Pick an attorney who’s transparent about their billing policy, and will give you upfront estimatesof the costs you can expect to incur. Be wa…
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References

  • It’s always beneficial to speak with businesses like yours who have worked with the patent attorney before. Some attorneys will be understandably hesitant to reveal their clients’ names. But even if confidentiality is at stake, the way they respond to a request for references can reveal a lot about their working style — and you want to work with somebody who is honest and upfront in t…
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Hiring The Right Patent Attorney For Your Business

  • Don’t be afraid to get all the information you need before committing to a hiring decision. Your money, business, and IP assets are at stake in forming this long-term working relationship. Looking for an attorney who specializes in patent prosecution? Contact Henry Patent Lawto find out whether we’re a good fit for your needs!
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