Why Do People Need Patent Attorneys?

By AK, 19 September 2019

More than 500,000 local and foreign patents are filed every year at the U.S. Patent and Trademark Office (USPTO). However, only half of it is granted by the USPTO because of being too obvious and improper patent application.

In most cases, individuals suffer issues with component numbers, paragraphs, lines, grammar, punctuation, drawings, and improper use of syntax. Insufficient data about the invention could also result in rejection during the patent application process.

Keep in mind that patent application is complicated and often takes the USPTO time to complete an investigation and make a decision. Avoid these minor yet expensive pitfalls by hiring an attorney during your patent application process.

In general, patent attorneys help clients in all procedures and matters related to patent law and practice like filing an opposition. Hiring patent attorneys will prevent theft of the invention during its disclosure to investors and licensees.

In the beginning, patent attorneys will assist you in writing the document and filing all the required forms like drawings and description of the invention. Likewise, attorneys also evaluate the invention's originality, saleability, and usefulness to the public.

Moreover, patent attorneys also ensure that you get higher profit margins and prevent others from reproducing or selling your invention, thus, reducing competition. Also, patents minimize the supply of the product in the marketplace in times of high demand.

As a result, patent owners can charge a little bit higher prices on their patented goods and processes. Likewise, patents also provide inventors with an expanded market share by licensing it to different geographical markets.

Licensing it would provide the patentee with royalty payments for sales of the product outside of their topographical market. Interestingly, patent attorneys can also help inventors license their patent to a different technical field.

1Are Patent Agents Attorneys?

Patent agents and patent attorneys are identical in many aspects, but the difference between the two lies in the ability to practice the law of the latter.

Patent attorneys not only provide the USPTO examination for registration, but they are also licensed to provide legal advice like infringement and licensing to clients.

Furthermore, only patent attorneys can draft non-disclosure agreements or contracts and represent you in any legal proceedings involving your patent at the State and Federal courts.

Nonetheless, both patent attorneys and patent agents can file patents, perform technical or scientific background, and maintain attorney-client privilege.

2Do I Need an Attorney to Apply for a Patent?

Inventors can submit their inventions on their behalf, but the USPTO recommends everyone to opt for patent attorney services to avoid costly errors.

Remember that patent law is highly technical and requires an extensive understanding of intellectual property law. Besides that, skilled research is also needed in understanding how other inventions can affect your potential success.

Also, attorneys will find ways to defend your patents if a USPTO assessor rejects your application because of infringement allegations. Best of all, a lawyer relieves you from juggling between certifications and ensuring that you file early patent protection.


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