An inventor may have an idea, but the process of getting the idea patented takes quite a bit of work. He or she must determine if the idea has been thought of already, must produce a convincing argument that it’s an original creation and must be ready to classify the invention based on US Patent and Trademark Office (USPTO) regulations. An inventor may be turned off to the idea of getting a patent for this reason. Nevertheless, going through with developing the invention and marketing it could lead to others reproducing the idea and the original inventor losing revenue. A patent protects that from happening.
In order to avoid having to navigate through complicated patent laws and regulations, it may be beneficial to hire a patent attorney to help out. A patent attorney is very knowledgeable about patent law and is certified to specifically work on patents by the USPTO. In addition, in a lot of cases, patent attorneys have backgrounds in science and engineering, so they know quite a bit about inventions in both fields. In addition, they can handle matters beyond patents for the inventor, including copyrights they may need for information about their product, or trademarks for the business that could be formed from the invention.
Choosing a patent lawyer may be difficult. There are over 28,000 patent attorneys and about 9,000 patent agents in the United States today. Many specialize in particular types of patents, whether they happen to be for machinery, software, pharmaceuticals or even for organisms. Many inventors use the internet to search for the right patent lawyer. The USPTO has a search engine that will let the inventor find patent lawyers that are geographically closest to them, and websites like Findlaw contain directories of patent lawyers and law firms to browse through. Be sure to research the lawyer by asking them how many cases they’ve taken on, what their specialty is, what services they can provide, etc. In addition, if you know people who are in an industry that produces similar products to your invention, you may want to consult with them to find a good attorney.
Usually the services a patent lawyer provides are concrete. They know the USPTO very well and work with them on a regular basis. They will be able to use contacts in the USPTO to expedite the patent filing process. They will be able to assist you with filling out the application so that there aren’t mistakes. They will be able to take your idea and write it up into a description that follows the rules of the USPTO. They will clarify just how to construct drawings of your creation so that they are clear and properly show what your creation can do. They will warn you what to expect once the patent has been filed. Finally, they will be able to hold your hand once the patent has either been accepted or rejected.
Yes, patent lawyers are not inexpensive. Their fees vary, but usually they fall in the $5,000-$10,000 range. However, if you decide not to get a patent lawyer, there are many opportunities for the inventor to make a mistake. Their patent may become delayed or rejected because the application was not in its best form. Investment in a patent attorney is very likely to be returned in the long run.
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