When should you hire a patent attorney?

by | Mar 4, 2015 | Lawyers and Law Firms

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Introduction

A patent attorney who is also known as a patent agent assists universities, companies and individual inventors in safeguarding the rights of their intellectual property. Intellectual property can be defined as any unique innovative idea in the form of manufactured items, processes, machines, or chemical compounds. A patent on the other hand is legal protection given by the U.S. Patent and Trademark Office, a section of U.S. Department of Commerce.

Patents vary from trademark, name, words, or symbols used to recognize the origin of the service or products as well as copyright that safeguards “original authorship” like songs, books, movies and plays.

Anybody is eligible to apply for a patent but it doesn’t necessarily mean that everybody should apply. The process of application is very complex. A successful patent must describe the invention and also explain in detail what the invention seeks to exclude people from doing devoid of authorization of the patent. If one thinks they have the original, meaningful idea for product or service, then he/she is good to contact a patent attorney.

Patent attorney’s roles

There are two significant legal roles performed by a patent attorney: litigation and prosecution. Prosecution is the process of patent application; the enforcement of existing patents through patent infringement cases is called litigation. One can also seek the services of a patent attorney if they want to license the patent to another person or company.

A patent attorney understands the specific contracts and licensing agreement terms. If you are accused of infringing upon someone’s patent or using it without authorization, then contact a patent attorney to defend you.

It is not possible for a regular attorney to fill in for a patent attorney. Patent attorneys are licensed to practice before USPTO. They usually hold graduate or undergraduate engineering degrees.
This aids in figuring out if the invention constitutes original, meaningful ideas in one’s specific technical industry or field. A patent attorney is also expected to pass the second state bar test known as the patent bar.

Before you hire a patent attorney, it is important that you conduct a simple search just to make sure that nobody else has patented your idea. The USPTO (U.S Patent and Trademark Office) has a database searchable online for pending patents as well as existing patent applications.

Edward L. White PC is a licensed patent attorney providing premium legal services. Find out how they can assist you when you visit them online at website