when to use a patent law attorney

If you’re successful in patenting your invention and someone uses, makes, or sells your invention without your permission, you should hire a patent infringement attorney. Patent infringement attorneys file lawsuits in Federal Courts for patent infringement on your behalf against parties that use your invention without your permission.

Full Answer

What is a patent law attorney?

Do I need a lawyer to patent my invention?

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

 · A Patent attorney can help you secure patents for your inventions, which can give you a monopoly on the market for that invention. This can be extremely valuable, as it can allow you to charge a higher price for your product and make a larger profit.

How do I become a patent lawyer?

 · If you are going to write your own patent, it is a good idea to have a patent lawyer look over what you write. It will cost much less than paying a lawyer to write your patent application and give you much of the same benefit. Alternatively, you can write and submit your own provisional patent application.

What is the main purpose of patent attorneys?

Patent attorneys are experts in preparing and filing patent applications and representing clients in court for patent-related matters such as infringement, licensing, and re-examination.

What is the difference between a patent agent and attorney?

A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

Can patent lawyers 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.

How do Patent attorneys help people?

They are the attorney who represents clients who are trying to get a patent for an invention. Patent lawyers are able to compose and prosecute applications, give extensive guidance to people who wish to obtain patents, and take on patent infringement cases.

What can a patent agent 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 US patent attorney?

A patent agent, also known as a patent practitioner, is a professional licensed by the United States Patent and Trademark Office (USPTO) to advise on and assist inventors with patent applications.

Can I sell my invention without a patent?

So, can you sell an idea to a company without a patent? Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea.

Can someone steal my idea if I have a patent pending?

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

What happens if I don't patent my idea?

If you don't patent your invention, someone will copy it and enter the market with your product. So, you will have competition in the market. You may also lose the right to compete if that person files a patent for the product. If this happens, all your efforts and money will be wasted.

How much does it cost to patent an idea?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

How do I know what kind of lawyer I want to be?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

How do I patent an idea?

6 Steps to Patent an IdeaStep 1 – Verify the Idea is Eligible For a Patent. ... Step 2 – Keep a Detailed Record of Everything. ... Step 3 – Make a Prototype. ... Step 4 – Apply For a Provisional Patent. ... Step 5 – Hire a Patent Attorney. ... Step 6 – File Your Patent Application.

What is patent attorney?

A patent law attorney is an expert in patent law: often an expert in the patent law surrounding specific technical areas. Often, patent attorneys specialize: a pharmaceutical firm uses different patent lawyers than a software studio. Having an expert understanding of a particular area of patent law is enormously valuable.

Who can file a patent?

Who Are Patent Attorneys? Not every lawyer can file a patent. To file a patent for an inventor, even a provisional patent application, a lawyer must pass a test and be registered with the patent office. To qualify to take the test, the lawyer must show education or certification in a technical field.

How to get a patent if you are not comfortable?

Roll up your sleeves and do as much of the work yourself as you can. If you are not comfortable filing the patent, then talk to as many people as you can until you find someone that will file what you need for a price you can live with. Make sure your work is protected START MY REGISTRATION. About the Author.

How long does it take to write a provisional patent?

Alternatively, you can write and submit your own provisional patent application. Provisional applications give you a one-year window to write a formal patent application. Provisional applications lack many of the formalities that patent applications include.

Is it hard to write a patent?

Writing a patent is very difficult. Not only do you have to convey the technical details of your invention, but you also have to protect your million-dollar idea. Patent law is a highly technical legal field about highly technical subjects. Even if your invention is technically simple, writing a patent yourself can be very risky.

What do you need to take the patent test?

To qualify to take the test, the lawyer must show education or certification in a technical field. Patent lawyers are programmers, scientists, engineers, or technicians that have gone to law school and passed two tests: a state bar exam and the patent bar exam. A patent law attorney is an expert in patent law: often an expert in ...

Can you patent a 3D printed prototype?

You could easily use other kinds of 3d printing materials, but unless you specifically say so, then the patent office may only let you patent prototypes made out of 3d printed thermoplastic.

Why is it important to work with a patent lawyer?

An attorney can make sure that you prepare your application in a way that fully protects your rights to your invention. The process of prosecuting a regular patent application can be challenging because it involves a distinctive format and requires a thorough familiarity ...

What to do if you get a patent?

If you get a patent, the attorney can help you monitor for possible infringements and take action to enforce your rights. Some of the key factors to consider in deciding whether you need a lawyer include the time and effort that you are willing to spend on the application, as well as your organizational and writing skills.

Can a patent agent practice law on behalf of an inventor?

However, a patent agent cannot practice law on behalf of an inventor.

What can an attorney do for you?

The attorney also can help you make sure that you submit all of the necessary components of the application in the appropriate format and that you frame your claims in a way that is likely to avoid challenges. For example, the claims should explain how your invention is different from previous inventions, known as “prior art.”.

What is provisional patent?

The provisional patent application is relatively short and requires only a general description of how the invention works, as well as informal drawings.

Do inventors need an attorney?

Inventors often assume that they should hire an attorney to assist them with the patent application process. However, an attorney is not always essential, especially if an invention is not very complex or if the inventor does not anticipate opposition to their claims.

Can a patent agent practice law?

However, a patent agent cannot practice law on behalf of an inventor. They cannot represent them in court or even provide legal advice about their rights as a patent owner. Patent agents can simply assist with preparing and filing the application, as well as communicating with USPTO examiners. If the inventor chooses to revise ...

What do patent attorneys do?

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.

Why are patent lawyers important?

Patent lawyers are highly rewarded with opportunities to preview the future of the technology industry while getting the chance to collaborate with inventors. Patent law is quite broad in nature because there are constant changes in the law, so patent lawyers must stay updated with the trends.

What is a patent prosecution attorney?

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.

What is the challenge of patent lawyers?

Patent lawyers face the challenge of predicting what their client's goals are and creatively achieving them, which is different from the creativity used in a scientific perspective.

What should patent lawyers be meticulous about?

In addition, patent lawyers should be meticulous in anticipating loopholes that a competitor might miss during the drafting process about their products. They need to have a clear understanding about the current market trends to draft a competitive claim.

Do patent lawyers have to uphold every word written down?

Also during this process, patent lawyers should be able to uphold every word written down. They’re also required to be able to give clear antecedents for all the technical jargon so that the scope of the claim is clear.

Who does patent work with?

Patent applications are done collaboratively between the patent lawyer and the licensor for the duration of the prosecution process to produce favorable results.

Patent Law is National

Now, on the other hand, consider these facts. Patent law is national in scope, and is not state or county regulated. By its very nature it encompasses the whole country, which is important in that the protection the inventor is seeking for his/her invention will also be national in scope.

Applications are Submitted in Written Formats

So where the attorney is located is not an issue. Your written materials, drawings and diagrams can be easily emailed to your attorney, and he/she will have it faster than you could hop in the car and drive even a couple of blocks. Also, remember that as far as your invention prototype is concerned, the USPTO will never look at it directly.

Concentrate on Qualifications

So don’t get hung up on your attorney’s location. Concentrate instead on the attorney’s qualifications. I recommend you look for the following attributes when making a decision on which attorney you wish to represent you:

What to do if you don't have money for a patent attorney?

If you don’t have the money for a patent attorney, you should explore the option of hiring a patent agent. Patent agents, like patent attorneys, are licensed by the patent office to assist inventors with patenting their inventions.

What can a patent agent do?

Patent agents can assist inventors with performing a prior art search, preparing patent applications, prosecuting them, and dealing with the patent office on behalf of their clients.

How much does it cost to hire an attorney for an invention?

The more complex an invention, the more you’ll have to pay your attorney. That said, a simple invention may cost you $7,000 to patent, with more complex inventions costing $10,000+.

What is a utility patent?

Utility patents protect how an invention works, design patents protect the appearance of your invention, and plant patents protect new, asexually reproduced plant species.

What are the three patents that the USPTO offers?

The USPTO offers inventors three types of patents to protect their inventions. The three patents offered are utility patents, design patents, and plant patents.

How long is a provisional patent good for?

Provisional applications are cheaper and easier to prepare than a regular patent application, but they are only good for 12 months. Inventors have 12 months from the date of filing a provisional application to file a regular nonprovisional patent application.

What is patent prosecution?

Patent prosecution refers to the process of preparing a patent application and dealing with and communicating with the patent office and patent examiner to patent an invention.

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.

Do you need a prototype before filing a patent?

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.

Can a company disclose their invention?

Do not public ly disclose you invention. A company or inventor may publicly disclose their invention by blogging about their invention, posting Youtube videos about their invention, offering to sell their invention, have a press release discussing their invention, etc. By a company publicly disclosing their invention they have introduced their invention to the public domain. This started a one year clock on when they must file a patent or be barred from obtaining a patent. Furthermore, many foreign countries do not afford companies a one year period to file a patent after public disclosure, and have an absolute ban for obtaining patent protection for any invention that is publicly disclosed.

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 can a good attorney do for a patent?

A good attorney can provide you with a complete breakdown of the estimated costs over the life cycle of your patent so that you can plan your finances before diving into the patent process.

Why hire a patent attorney?

So, you want to hire a patent attorney to protect your new innovation. It could be for AI, Blockchain, Machine learning, IoT, or some other cutting edge technology that you are developing.

What is the strategy joke in the patent industry?

The strategy joke in the patent industry is “If you are going to ask your attorney on how many patents you should file, your attorney would ask how many can you afford.” Seriously.

Who should I hire for AI patent?

So, you would want to hire a patent attorney who has expertise in AI & healthcare that understands the technology you are developing and can draft a winning patent application.

Can a better draft from an attorney have less difficulty gaining allowance at the patent office?

The better draft from the more experienced attorney will typically have less difficulty gaining allowance at the patent office.

Is a patent application draft the most important part of the process?

Your patent application draft is often the most important part of the process so is not the place to cut corners.

Is simple innovation more expensive to patent?

Technology area with some requiring twice the writing budget over others. The patent office favors complexity over simplicity, so easy to understand innovation often requires a deeper explanation of the underlying technology which leads to the counter intuitive notion that simple innovation is more expensive to patent.