Applying for a patent requires a complete understanding of the laws, codes, and regulations that encompass patent law. The patent application has been rated by some as the most difficult legal document to decipher. You do have the option to patent it yourself where you risk wasting time and making major mistakes. A better route to take would be to retain the services of a patent law attorney.
They will specialize in intellectual property and be admitted to give legal advice in at least one state. They provide legal services to clients in such areas as filing claims, patent searches, and patent protection. An attorney search will connect you with a registered patent attorney who is qualified and well versed on the patent application process.
While a patent law attorney can be rather expensive, the peace of mind can be priceless. There experience and background can be advantageous for your cause. Be critical of the background and experience when you make your decision.
Experience with Patents
The representation that you choose should have knowledge of all areas of patent law. They should file, prepare, and submit patent applications. Their educational background and industry specialization should be in line with what you are doing. A patent attorney should be proficient in law and exhibit expertise in the technology behind your claim. Ideally you want the power of a patent law firm versus a small private practice. Research their credentials and if possible communicate with past clients.
Background in Litigation
Another characteristic to look for in a patent law attorney is how much experience they have in litigation. If your become a victim of patent infringement, you will need a lawyer who is competent in the courtroom. Patent protection is a crucial element that is needed for the duration of a patent term.
A local attorney may not always be possible. You want someone that relishes representing you and
is readily available. Remember, you compensate this individual and they work for you. Constant updates and responding when contacted keeps communication lines open.
Conduct Patent Searches
More than likely the first task for filing a patent will want completed will be to conduct patent searches. You must know if someone has moved quicker than you. Early in the procedure you want to know your invention is new and unique enough to even proceed with the process.
Expedite The Process
You need to have a patent attorney that is able to stay on task and complete tasks in a timely manner. You are being charged hourly rates and these can add up. This process can take several months to years. All the while you are on the hook for patent attorney fees.
Final Decision Is Yours
The final decision for a patent law attorney will rest with you. Not having the financial resources is typically the reason why people attempt to do it themselves. There are cheaper routes like patent agents or patent submission services. But as it is with most things in life, you get what you pay for.