Why You Need a Patent Attorney to File a Patent

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They great thing about hiring a specific lawyer, be it a trademark attorney or a person injury lawyer, is that they know more about the field than you do. That might sound obvious but you’d be surprised at how many people are out there that try to do what lawyers do, without actually hiring the lawyer. You may not be surprised to learn that they don’t get very far. If you are going to be doing something legal (or in some cases, illegal) you need know that you have the backing of a lawyer. For the sake of this article, the legal services that will be kept in mind here are patent attorney services. Should you decide that you want to patent an idea or a product, then you will likely need a patent lawyer. Here are a few reasons why.

  1. Patent attorney services make sure that you are filing correctly.
    One of the biggest and saddest mistakes when it comes to patents is that people fill them out incorrectly. Then when someone ‘steals’ their idea and they take them to court, they have nothing to stand on because their patent petition does not hold up in a court of law. A properly filed patent will effectively establish all the elements of the product or idea and return a patent to the owner. If the petition is not accepted, the invention can not be protected by the patent.

  2. Patent attorney services will explain what to expect from a patent.
    To many clients actually want something to increase the value or protect their market share, or something like that. This is not what a patent is for. Having a good attorney will help you to understand the realities of filing for a patent and what will happen once you receive that. They will also be able to let you know what you can expect in terms of what your rights are to that patent. It’s always best to have realistic expectations when it comes to everything in life, especially regarding invention, patents and legal matters.

  3. Patent attorney services do not verify the patent-ability of something.
    Here is one thing that you will not get from a lawyer. While the lawyer is allowed to provide a personal opinion, there are actually rules of ethics that state that the patent lawyers and agents are not to provide that opinion when the party is thinking about litigation or reexamination. This is because doing this is not necessary to the preparation nor to the prosecution of the client’s patent. The attorney’s job is to help you follow the proper steps in order to file for a patent, not to tell you whether or not they think that you should file a patent. If you have a lawyer that is to opinionated in either direction, they are violated the code of ethics and professionalism. Should you find yourself in this situation, you can move on to a different lawyer and report your previous one.

  4. Patent attorney services will have a background in your invention or idea.
    The great thing about having a patent attorney and going through a firm is that they will find you an attorney that has been educated or has a background and experience in the type of things that you are trying to patent. This is not so that they can inform of their opinion, of course, but more so that they can help you to point out the important factors of your product when filing. They know what will make it more attractive to the powers that be and how to use the correct verbiage so that the product is effectively communicated. This will enhance your chances at being granted a patent.

Now all petitions for patents are granted so having a lawyer will give you a much better chance at getting one that someone who is trying to go at it themselves. Plus, if you are not granted a patent and you decide to refile or take it to court for whatever reason, you’ll already have a lawyer that you trust and that has been with you through out the entire process. This will help your case in court.

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