what kind of lawyer do i talk too about a invention

Can an inventor get a lawyer for a patent application?

An inventor could try going to one lawyer, have them draft an NDA, and then take that to the patent lawyer to sign before initiating the attorney-client relationship. But this presents problems of its own, beyond the obvious cost concerns.

Why should I legally protect my invention?

Why Should I Legally Protect My Invention? A patent is a title document that grants its holder the legal right to prohibit others from making, selling, using, or offering for sale their invention.

Should an inventor sign an NDA with a lawyer?

Onto the first question: should a lawyer sign an NDA before the inventor discloses his idea to him? Probably not. Attorneys typically owe a duty of confidentiality, imposed by state law, to their clients. Patent attorneys are also subject to federal rules that require client information be kept confidential.

Should I disclose my invention to an invention submission company?

Moreover, by disclosing your invention to an invention submission company you have publicly disclosed your invention, and therefore starting the one year clock before you must file a patent. A Patent Attorney will desire you to fill out an invention disclosure form before they begin a patent search or draft a patent application for you.

Who do you talk to about an invention?

Visit the U.S. Patent and Trademark Office (USPTO) website and investigate any patents on items similar to the one you want to make. If you have questions or want to ensure your invention is legal for you to create and sell, consult an attorney who specializes in patents and IP law.

What is a patent lawyer called?

A patent attorney is a lawyer with expertise in intellectual property law pertaining to securing and protecting an inventor's property rights.

What is the difference between a patent agent and attorney?

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 ...

How do you legally protect an invention?

First, you can file a provisional patent application (if your invention is patentable). Second, you can use a nondisclosure agreement (regardless of whether it is patentable). (Remember that inventors do not always need to license their invention in order to make money.

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 patent an idea and sell it?

Steps to Filing a Patent ApplicationKeep a Written Record of Your Invention. Record every step of the invention process in a notebook. ... Make Sure Your Invention Qualifies for Patent Protection. ... Assess the Commercial Potential of Your Invention. ... Conduct a Thorough Patent Search. ... Prepare and File an Application With the USPTO.

Which is better a patent agent or patent 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.

Should you use a patent attorney?

Legally speaking, nothing prevents an inventor from preparing a patent application (or provisional patent application) without a lawyer. Indeed, thousands of inventors regularly do so, using self-help guides such as Nolo's Patent It Yourself, Patent Pending in 24 Hours or Online Provisional Patent Application process.

What does patent attorney do?

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.

Can 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 to do if you have an idea for a product?

5 Steps for Turning Your Invention Idea Into a ProductStep 1: Document It. Simply having an "idea" is worthless — you need to have proof of when you came up with the invention ideas. ... Step 2: Research It. ... Step 3: Make a Prototype. ... Step 4: File a Patent. ... Step 5: Market Your Invention.

How do you sell an idea to a company without them stealing it?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company's ability to use your idea without paying you for it.

How can an inventor protect their invention without a patent?

Depending on the invention, another way that an inventor can protect their invention or discovery without a patent is by applying trade secret laws. A trade secret is generally defined as valuable information that gives one company a competitive edge over another.

Why should I protect my invention?

Why Should I Legally Protect My Invention? A patent is a title document that grants its holder the legal right to prohibit others from making, selling, using, or offering for sale their invention. A patent holder will be able to exercise these rights of exclusion for a period of 20 years, with the possibility of an extension under certain ...

Why do inventors get patents?

The main reason that many inventors obtain a patent for their inventions is because patents provide protection against theft and enable patent holders to sue any infringing parties. While patents are the most common form of protection sought for inventions, there are other methods to use for invention protection.

What is an NDA in patents?

An NDA, also known as a confidentiality agreement, is ...

What does a patent attorney do?

In addition, a patent attorney can perform a search to see if any other inventors have already applied for a patent for the same invention.

What is a utility patent?

A utility patent: A utility patent may be issued to those who discover or invent any new and useful process, article of manufacture, machine, or composition of matter, or any useful and new improvement on any of the items just mentioned. A plant patent: Plant patents are an extremely specific kind of patent.

How do I get a patent?

In order to obtain a patent, an inventor must submit a patent application to the United States Patent and Trademark Office (“USPTO”), which is a federal agency that operates under the Department of Commerce . When applying, an inventor will need to choose between one of three types of patents.

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What happens when an inventor meets with others?

The inventor wants to impress the people that he is meeting with and will start to talk about the invention, but these discussions always seem to move in a direction of possible changes and improvements to the device or process. This could lead to problems later. For instance, the subject matter of the changes or improvements is likely not covered by the terms of the NDA. Thus, in theory, the third party does not have to treat this as confidential information and could possibly use this information for other projects or could file for patent protection.

What is the difference between an idea and an invention?

Rule #1 forces an inventor to sit down and think through what comprises his or her invention. Many times an inventor only has an idea—not an invention. The difference between the two is significant. An idea is just that. It is theoretical in nature and needs to be proven or built to morph into something more. Some people describe an idea as a “formulated thought.” An invention is an extension of an idea that is further developed, resulting in a prototype or an actual proven solution to the problem. The invention may be a new type of device, method, composition of matter or process. The key difference is that an idea is not patentable, while an invention is.

What should be included in a provisional patent application?

This application should include figures/drawings that accurately depict the current state of the invention and also a written description of these figures. The written description should also include any possible design iterations, improvements, design-arounds, etc. for completeness. One needs to remember that this is a provisional application only, and will not be reviewed by the Patent Office. Filing a provisional patent application that does not adequately describe the invention may be more of a detriment than an asset, so care must be taken to be as complete as possible to ensure that the priority filing date is of value to the inventor when he proceeds to convert the application on the one-year anniversary.

What is a third option in patents?

A third option is outright sale of the invention to the third party.

What are the problems independent inventors face when seeking representation from a patent attorney?

One of the problems independent inventors face when seeking representation from a patent attorney or patent agent is an unfavorable stereotype of inventors that has developed over many years. Like virtually all stereotypes there is at least some truth, but as in most situations the “truth” winds up being contributed to common understanding ...

Why do patent attorneys and patent agents represent existing clients?

The typical reason for this is because patent attorneys and patent agents represent existing clients and without knowing what your invention deals with there is no way to know whether there is a conflict of interest that would prevent the attorney/agent from representing you.

What is the point of being mindful of patent practitioners?

As with virtually everything in all walks of life, the more you know in advance the better prepared you can be. 1. Confidentiality.

How to keep costs low in patents?

The only way to keep costs low in the patent world is to do less work, which can be a recipe for disaster. A race to the bottom for the lowest cost provider guarantees inferior quality, which is something that inventors MUST be mindful of when they simply choose the lowest cost provider.

What is the importance of communication in an invention?

Cooperation is critical. Communication is critical. The opportunity to establish a working relationship starts with the first meeting or contact, hence the need to be prepared.

Do patent attorneys have to maintain confidentiality?

Patent attorneys and patent agents are required by federal regulations to maintain information they obtain from clients confidential. See 37 C.F.R. 11.106 . Confidentiality requirements embodied in federal regulations specifically applicable to patent attorneys and patent agents apply not only to those who are clients (i.e., have signed up as a client with a representation agreement), also apply to prospective clients as well. See 37 C.F.R. 11.118 (b). 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 confidentiality agreements. The federal regulations already in place are stronger than any confidentiality agreement anyway.

Do patent attorneys need confidentiality agreements?

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 confidentiality agreements. The federal regulations already in place are stronger than any confidentiality agreement anyway.

Can an inventor go to one lawyer?

An inventor could try going to one lawyer, have them draft an NDA, and then take that to the patent lawyer to sign before initiating the attorney-client relationship. But this presents problems of its own, beyond the obvious cost concerns.

Do patent attorneys have to keep client information confidential?

Patent attorneys are also subject to federal rules that require client information be kept confidential . But then the question arises of whether an inventor who is calling to get some basic information about fees and the patent process is actually a client.

What happens if you disclose your invention?

3- If You Do Disclose Your Invention, Record the Dates. If a company does publicly disclose an invention, it is important to record the dates that their invention was disclosed on. That is because the one year bar date is a hard deadline. If your company obtains a patent, it may later be invalidated if the patent was filed one year ...

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 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 to do if you don't have a law degree online?

So, if there is no confirmation of the degree online, you can ask the attorney about their education, as well as what law school they attended. If someone is hesitant to show you their diploma, opt for a different person.

Is it easy to get a patent?

Getting a patent on an invention has never been easy – especially since it requires a lot of time, investment, and involvement right from the beginning. Of course, your hard work will pay off in the future, however, is there something you can do to make the entire process easier?

Do patents bring wealth?

Most individuals believe that registering their invention can bring wealth, but, this is not the case. Patents are, in fact, completely invaluable. And, by various studies, over 95 percent of them never make any revenue.

Is a patent attorney an agent?

Ensure That it is an Attorney Not Agent – the very first thing you need to determine is whether the person is a patent attorney or agent, as well as whether they are registered with USPTO. If you opt for an agent, you should know that they cannot give you legal advice, nor represent you in court , which can be a major hindrance. Additionally, these agents do not usually have a degree from law school.