what should you say to a patent lawyer

At minimum, your patent attorney should advise you on: Costs, benefits, risks, and advantages of filing patent applications Options for protecting your invention in the United States and foreign countries (whether you should consider provisional applications, PCT applications, and so on)

Full Answer

Do I need a lawyer to get a patent?

For example, say you invent a new dog toy. There are many other patents that describe similar dog toys but your toy is shaped in a way that will tire dogs quickly when they shake it. You will want a patent lawyer with some understanding of dogs, how they play, and why people want to buy toys for them. Ideally, you want a lawyer with experience writing patents for pet toys.

What do I need to know before applying for a patent?

Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled. If you want to get legal protection for your inventions, you should understand the basics of patent law. It may also benefit you to have some knowledge of overall intellectual ...

What should you look for in an intellectual property lawyer?

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. Meaning, they be biased toward a gold-plated approach only throttled by your ability to afford it.

Who writes your patent application?

Typically, the procurement of a patent begins with the inventor describing his invention to a patent lawyer. The patent lawyer evaluates the utility, novelty and obviousness of the invention, and based on that evaluation and other business and technical considerations, advises the client as to whether a patent application should be filed on the invention.

How do you approach a patent?

Here are the steps required to apply for a patent:Step 01: Invention disclosure. ... Step 02: Patentability search. ... Step 03: Decision to file an application for patent. ... Step 04: Patent drafting. ... Step 05: Filing the patent application. ... Step 06: Request for examination. ... Step 07: Responding to objections (if any)More items...•Feb 13, 2020

Can a patent lawyer steal my 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 can I expect from a patent lawyer?

Background on Patent Lawyers Prosecute and write patent applications. Advise and deal with infringement on patents and patent applications. Need to have the technological expertise to represent a business successfully and with a thorough understanding.

What questions should I ask an IP lawyer?

10 Questions for Your Intellectual Property LawyerDO I REALLY NEED AN IP LAWYER? ... PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS—WHAT DO I NEED AND WHEN? ... WHAT IS YOUR BACKGROUND? ... ARE YOUR REGISTERED WITH THE USPTO? ... HAVE YOU LITIGATED IN PATENT-HEAVY DISTRICTS? ... I BELIEVE MY INTELLECTUAL PROPERTY HAS BEEN STOLEN.More items...•Aug 1, 2011

What is a poor man's patent?

a day agoA poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

Who stole inventions?

5 Famous Inventors (Who Stole Their Big Idea)1 Thomas Edison. Continue Reading Below.2 Albert Einstein. Continue Reading Below. ... 3 Alexander Graham Bell. Ah, Bell. ... 4 Alexander Fleming. Sir Alexander Fleming is the name people think of when penicillin is brought up. ... 5 Galileo Galilee. Duration 0:00. Advanced Settings. ... Mar 28, 2008

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

Is being a patent attorney interesting?

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. The variety of work, both in terms of clients and technology, makes being a patent attorney a particularly rewarding career.

What is the highest paid lawyer?

Medical Attorneys Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

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 ...

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 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.

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 patent law?

Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled. If you want to get legal protection for your inventions, you should understand the basics of patent law. It may also benefit you to have some knowledge ...

Who can file a patent application?

Only the inventor may file an application. A qualified attorney may also file on your behalf. Patent applications require a high level of detail. The United States Patent and Trademark Office, which grants and issues patents, thoroughly examines all applications and can take years before an application is approved.

Why are there so many patents?

Too Many Patents. Because there are so many patents, it is difficult to innovate without risking a suit for patent infringement. Therefore, it is vital that inventors enlist the help of an attorney who has knowledge about a specific industry and who can guide the inventor through the patent process.

How many claims are there in a patent?

Most patents have more than one claim. Claims are the section of the patent that lists which parts of the invention are protected. Only one claim must be violated before the patent holder can sue for infringement.

Can you sell an invention?

If others wish to use or sell your invention, you can either sell the patent or arrange a patent license agreement. Note that a patent does not grant its holder the right to make or sell an invention. Other existing patents or local laws may affect an inventor's ability to use, sell, or make a patented invention.

Why is provisional patent law so controversial?

One of the most controversial aspects of patent law is that it doesn't recognize differences between types of inventions. This is a difficult issue for industries in which innovation can take years. For example, medications often must go through years of tests before they are ready to be marketed, but a provisional patent lasts for only 12 months. This creates a weakness for the intellectual property of pharmaceutical companies.

What is the most common type of patent?

There are three distinct types of patents: A utility patent, which is the most common type, protects functional devices. Software patents fall under this umbrella, but are sometimes regarded as a different type of patent altogether. A design patent covers non-functional, or aesthetic aspects of an item.

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.

How long does a patent last?

Patent rights last for up to 20 years from the date the idea was first filed. And it could be 3 or more years before a patent is granted. Given such long time frames, it is in your best interests to ask your patent attorney to give a ballpark estimate of the costs that you would incur during this entire period.

How many patents were filed in 2015?

According to US Patents and Trademark office 629,647 total patent applications filed in the year 2015. On average, about two thirds of those applications will issue eventually, but the likelihood of receiving a patent varies wildly with certain technologies having only a 10% chance of success.

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.

Why You Should Use the Notice

Using the notice does inform others that the patenting process has begun, which may make them liable if they infringe upon your intellectual property. However, you should remember that the application by itself does not confer any legal protection. You will only be able to challenge patent infringements if the patent is actually issued.

When You Can Actually Use the Notice

The fact that the "patent applied for" notice doesn't confer any protection until the patent is granted doesn't mean it can be used freely. Under U.S. law, you can only use patent application notices once you have filed an application and it has been accepted for examination.

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 is a patent attorney?

Patent Attorney: A patent attorney is a person who has completed law, passed his state’s bar exam, and is licensed by the USPTO to assist inventors with all aspects of patenting their inventions.

How long do utility patents last?

Utility patents last for 20 years from the filing date of a nonprovisional patent application. Design patents last for 15 years from the date the USPTO grants your patent application. Plant patents last for 20 years from the filing date of your patent application.

Should I get a patent on my own?

You should only get a patent on your own if you are familiar with US patent law and you have excellent writing skills. A patent is as good as your draft your patent application. As such, it’s extremely important for it to be drafted as well as possible. If you can’t afford a patent attorney, consider hiring a patent agent to assist you with patenting your invention.

Can I get a patent without a lawyer?

Yes, you can definitely get a patent without hiring a patent attorney or lawyer. The USPTO will even offer inventors patenting their own invention assistance with doing so. That said, the patent office recommends that all inventors hire a patent attorney or patent agent to assist them with patenting their invention. This is so because patent law is quite complex and making even minor mistakes could cost you time and money down the road to remedy.