Patent Attorney

Patent Attorney – To protect and commercialize an invention, the inventor must obtain a patent in India (or even abroad). To do this, one must go through the complex path of patent registration and examination before reaching the promised land: a patent registration or grant. An inventor may choose to do it alone because no one knows the invention better than he does. However, patents are entangled with legal and technological nuances. Therefore, it is generally advisable to hire a professional who is well-versed in drafting patent specifications, infringement analysis, deadlines, patentability requirements, forms, fees, etc. In addition, it is very important to hire an excellent patent attorney or patent agent. as a wrong choice can result in the loss of your effort, competitive advantage, right to stop infringers, revenue, an idea.

Generally, the terms Registered Patent Attorney and Registered Patent Agent are used interchangeably. However, there are significant differences between a registered patent attorney and a registered patent agent. Although the Registered Patent Agent can perform the most basic functions related to patents, the legal exposition of the Registered Patent Attorney offers you a better understanding of patent law and drafting, because patents are technical-legal documents, therefore requiring a balance between law. and technology. Moreover, it is also important to know how to choose the best registered patent attorney or registered patent agent because there are many patent professionals.

Patent Attorney

Based on the similarities above, you might think that the registered patent agent provides all the services necessary to register a patent and register a patent or grant a patent. However, the difference lies in how they achieve patent registration or grant a patent. We do not say or claim that Registered Patent Agents cannot get a good patent grant, but it is the legal burden of the Registered Patent Attorney that can make the difference in the whole prosecution process for a better success.

Roles Of Patent Attorneys In Provisional Patent Applications

We emphasize the fact that “a patent status is easy, but getting a good patent status is difficult.” Getting a bad rank would be like having a dull sword. Because the purpose of the patent is to prevent third parties from infringing your invention, whereas bad patents fail miserably.

Therefore, the Registered Patent Agent and the Registered Patent Attorney can perform most patent-related functions. However, there are some potential benefits of being a registered patent attorney. If this were not the case, many patent professionals would not seek or argue to complete their law degree after becoming a Registered Patent Agent. There is a perverse incentive for your patent attorney to *not* get permission for your patent. It is called “money”.

Clients are at the mercy of their patent attorneys. For small businesses that do not have an in-house patent attorney, they outsource their patents to outside attorneys who have a financial incentive to hold on to a patent as long as possible.

The classic patent attorney line is that “we will have ‘broad’ claims, so expect to be rejected by the examiner.” This is really to expect you to pay rejection after rejection.

Tips To Help You Choose A Patent Attorney

The truth is that patent attorneys usually make twice the amount of money during “trial” (the back and forth with the examiner) as they do in “preparation” (drafting the initial patent application). For some attorneys, they can drag out the process for years, kicking the can down the road.

The truth is, the examiner probably knows more about your technology than you do. Exams work in “art units” and specialize in the exact technology. Their job, day in and day out, is to research and read every invention ever made in their specific technology. They have seen all the inventions time and time again and know their technology well.

Here’s a PatentMyths podcast episode debunking the myth that patent examiners are terrible. In the podcast episode, I describe how to use the examiner’s experience to your advantage.

The economics of this situation are simple: “just a little more money and we can (hopefully) get your patent across the finish line.”

Should You Hire A Patent Agent Instead Of A Patent Attorney?

By the time you go back and forth with the examiner, it may have been 2 to 4 years since you filed your patent. There are many sunk costs in this project, and the patent is often a great cause for celebration for a person or company.

While the sunk cost case may be a big driver for continuing to pay your patent attorney, the “it will only cost me more to respond to a rejection” analysis is more legitimate. The cost trade-off is between getting a patent (a big win) and the cost of arguing/amending to overcome a rejection (about $4,000). With this thought process, it is easy to understand why the patent process generates a lot of money for law firms.

The problem of managing external patent attorneys is due to a misalignment of interests. The patent attorney sells hours, but you want to buy a business asset. You want “protection”, but the lawyer wants to feed his family.

The solution used by large companies is to have an in-house patent attorney. In-house lawyers know how the game is played and can create and implement IP strategies. Because in-house lawyers typically started at a law firm, they can spot problems before they start.

Tips To Determine: Do I Need A Patent Lawyer?

The internal consulting mindset is focused on what happens after we receive a patent. They try to use IP to align with the long-term strategy of the business. The external attorney’s only role is to obtain the patent through the patent office.

How can small businesses deal with this problem? One way is to hire an IP strategist. Typically, these are former in-house lawyers who can create an IP strategy aligned with the business and then turn to outside lawyers to ensure the patents have value. It is absolutely critical that the IP strategist does not write patents or pursue patents, otherwise there will be a conflict of interest. They must be objective.

The other way to deal with this problem is to find another way to get your patents. BlueIron’s patent funding is one way. Because IP is treated as collateral through a financial agreement, BlueIron’s incentive goes beyond just getting a patent through the examiner. BlueIron needs the patent to be valuable later.

Posted in Patent Strategy, Funding a Patent Portfolio, Patent Basics, Startups and tagged Patent Attorney, Patent Costs, Patent Portfolio, Intellectual Property Strategies, Why Get a Patent, Patent Law Firms, Patent Process

Why Your Patent Attorney Does Not Want Your Patent To Be Granted

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Patent Attorney Job Description

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Technical storage or access is necessary to create user profiles to send advertisements or track the user across a website or multiple websites for similar marketing purposes. A dilemma that often arises among entrepreneurs, inventors and in the field of intellectual property in general, is whether to seek a patent agent or a patent attorney. Typically, the difference is in the choice of money and you get what you pay for.

In a sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed attorneys and can practice in court and advise on all business-related legal issues, while patent agents have only passed the patent bar. Exam and are registered to practice with the USPTO.  Both must have technical education: Bachelor’s, Master’s or Doctorate in a technical field. I am a lawyer (I have a doctorate in law (JD), I passed the bar exam and

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