what to expect froma patent attorney

by Rachel Kessler 4 min read

What to Expect When Engaging a Patent Attorney

Patent attorney

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 an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

A patent attorney

Patent attorney

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 an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

will help you determine whether you have a patentable invention, and ascertain the commerciality of your invention. They may also discuss other matters such as: whether a standard or innovative patent is more appropriate; the timing of your application; and

Patent attorneys might help inventors analyze their invention and develop a patent that can defend that invention. Effectively writing a patent application isn't something that can be done by anyone. It sometimes takes years of apprenticeship with qualified patent attorneys before a lawyer can handle it on their own.

Full Answer

What skills do you need to be a patent lawyer?

What should you expect from a patent or Trademark Attorney? In this Patent Home video, Buffalo NY Patent Attorney Vin LoTempio takes us through some tips and advice for what you should look for in an attorney. It is a very important process that the client should take seriously! Feel free to call (877) 799-3318. What to expect from a Patent or ...

What does a patent lawyer do?

Jul 07, 2020 · What to Expect When Working as a Patent Lawyer. As a patent lawyer, you may be overwhelmed and overworked in a private practice, even if colleagues are available to help. The work can be very overwhelming, which can be due to inflexible deadlines and work on multiple patent applications for more than one customer at a time.

What should you look for in an intellectual property lawyer?

Aug 23, 2008 · It is equally unrealistic to expect a patent attorney to provide free legal information over the phone. In the past while I was teaching full time and doing IPWatchdog as …

What does it take to pass the patent bar?

Jul 04, 2014 · SUBSCRIBE: https://www.youtube.com/subscription_center?add_user=patenthome What should you expect from a patent or Trademark Attorney? In this Patent Home vi...

image

What are the typical duties of a patent attorney?

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.

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 does a patent lawyer do on a daily basis?

Patent prosecution attorneys are mainly in charge of daily processes related to initial drafts, filing, and prosecuting patents and trademarks for clients. They may assist litigators and transactional attorneys in their tasks, as they are trained to be proficient in all capacities.

How do you know if a patent attorney is trustworthy?

Within the USPTO website, look for "patent attorneys," and you will see a listing of states. Click on your state and you'll see a listing of patent attorneys and patent brokers by identity in alphabetical order. If the individual works for an agency, the agency is listed within the USPTO search.

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

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

Is patent law stressful?

The Journey. This is perhaps the most stress-inducing and challenging part of a career in patent law, but that is true for any job in the field of law. They all require time, energy, and dedication to get there. ... Many people have found that starting as a patent agent and working their way up is the best path.Jun 29, 2021

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What is interesting about patent law?

A patent protects the inventor's rights to the invention preventing anyone else from patenting the same invention. Patents are easily searched online free of charge. Hiring a patent attorney assures you that the person has significant knowledge, experience, and an undergraduate degree in a selected field of science.

What is the best patent?

Top Patent Firms 2019RankLawFirmU.S. Utility Patents1OBLON MCCLELLAND, MAIER & NEUSTADT, L.L.P.60982SUGHRUE MION, PLC46103FISH & RICHARDSON P.C.42384CANTOR COLBURN LLP4201141 more rows

How do I choose a good patent attorney?

Here are a few things to consider.You need a “patent attorney.” Not just any attorney will do. ... Don't hesitate to shop around to find the right fit. ... Find an attorney with expertise in your idea's technical field. ... Meet the attorney who will be drafting your patent. ... Discuss billing arrangements.More items...•Jun 5, 2017

Are patent attorneys smart?

Patent attorneys are extremely intelligent. The ability to get advanced science and engineering degrees is something very few attorneys could do. The ability to get good grades in these disciplines is also something that is extremely difficult to do.

What is a good patent lawyer?

A good patent attorney must have strong technical, legal and communication skills. They must also understand that their job is not limited to obtaining patent protection for clients, but also involves leading or guiding clients through the patenting pro- cess and, ultimately, advancing a client's business.

Is a patent attorney a lawyer?

Is a patent attorney a type of lawyer? Yes. However, you do not need a law degree to become a patent attorney. Patent attorneys are a specialist type of lawyer monitored by their own regulator, IPReg.

How do you know if a patent attorney is trustworthy?

Within the USPTO website, look for "patent attorneys," and you will see a listing of states. Click on your state and you'll see a listing of patent attorneys and patent brokers by identity in alphabetical order. If the individual works for an agency, the agency is listed within the USPTO search.

What is the best patent company?

Top Patent Firms 2020RankLawFirm2019 U.S. Utility Patents1OBLON MCCLELLAND, MAIER & NEUSTADT, L.L.P.60962FISH & RICHARDSON P.C.42323SUGHRUE MION, PLC46104CANTOR COLBURN LLP420183 more rows

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.

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

What do patent agents do?

But, like Patent Attorneys, Patent Agents work with inventors, researchers, and attorneys to evaluate invention technology, assess patentability, draft patent applications, and analyze and respond to the United States Patent and Trademark Office (USPTO) Actions. ...

What is a prospective client?

A prospective client is anyone who comes to a patent attorney or patent agent seeking help, assistance, advice or direction on a legal matter. You do not need a confidentiality agreement when speaking to a patent attorney or a patent agent as a client or a prospective client, and in fact, most patent attorneys and patent agents do not sign ...

Who is Gene Quinn?

Gene Quinn is a Patent Attorney and Editor and President & CEO of IPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting ...

Do patent attorneys sell products?

You really need to expect to pay for services rendered. You are going to a professional to seek professional assistance. Patent attorneys and patent agents do not sell products, they sell services, which means all they have to sell is time. Time is money, quite literally.

Is there anything wrong with shopping around for a patent attorney?

Having said that, you need to be careful how you do it or you run the risk of alienating competent, experienced patent attorneys.

Do Some Preparation

Preparing yourself adequately before contacting the attorney helps to organize your thoughts and allows you to feel confident and relaxed throughout the conversation. Furthermore, you will be cohesive when talking about your idea, and the attorney will be in a better position to understand you and offer helpful advice.

Consultation

Your first phone call with the attorney is an opportunity for you to gauge whether the lawyer suits your needs. It’s also a chance for you to tell your story and build a relationship with the attorney. The patent practitioner may ask you a few questions focused on your invention to help them understand your idea and see how best they can help you.

Be Ready To Take Notes

When your mind is preoccupied with your project, it’s easy to forget what you discussed with an attorney. Therefore, it’s important you take notes on any important topics that are discussed with the attorney. Also, list all the documents that you are required to obtain.

Understand The Fees Structure

Different patent law firms have different payment policies. To avoid fees that constantly increase as the process goes forward, consider partnering with attorneys that offer flat fees that don’t come with hidden costs.

Book An Appointment

If you decide to work with the lawyer you have talked to, you can book an appointment with them. If you are still undecided, you can take advantage of patent firms that offer a free consultation and meet face-to-face with an experienced intellectual property lawyer.

What Happens Next?

After you decide to further the relationship, the lawyer may request you to provide any information that demonstrates your idea. These can be pictures, diagrams, charts, or notes. These documents allow them to determine whether you should pursue a patent application.

Tips For Meeting With A Patent Attorney

To represent you effectively, your patent attorney needs to understand your idea inside and out. To boost your chances of getting a patent, you need to know how to explain your idea to your lawyer.

What is IP law?

Protecting your intellectual property (IP) in today’s day and age is more important than ever, making finding a decent patent lawyer the best thing you can do to protect your invention, process, or design. Patent law is a specialized area of intellectual property law, finding an attorney that is competent in the field of your inventions can do ...

How do I become a patent lawyer?

In the United States, to become a patent lawyer, an individual must attend and complete law school, they must take the general bar exam in their respective state, and they must also pass the patent bar exam.

Do I need a lawyer to get a patent?

Inventors and applicants are not required to hire a lawyer to get a patent. In fact, the U.S Patent Office is required to help inventors and applicants patent their own invention. That said, hiring a patent lawyer is highly recommended to avoid making costly mistakes on the patent application.

What is patent law?

Patent law is a specialized area of intellectual property law, finding an attorney that is competent in the field of your inventions can do wonders for the type of IP protection you’re looking for.

How long does it take to patent an invention?

Usually 20 years for utility patents, 15 years for design patents, and 20 years of plant patents.

Can a patent agent help you?

Like lawyers, patent agents can prepare, file, and communicate with the patent office on your behalf, however if you need something like a confidentiality agreement drafted, they will not be able to help you with that.

What degree do I need to become a patent lawyer?

To become a patent lawyer, and individual must satisfy the following requirements: Bachelor’s Degree. If a person wants to become a patent lawyer, he must have a bachelor’s degree from an accredited four-year institution in one of the following fields: Science. Biology.

image