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How to Select a Patent Attorney?

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Anonymous

11y ago
Updated: 9/18/2019

You have an invention that is unique, and you want to obtain a patent. Like in most legal matters, you should not try to obtain a patent yourself. Patent law is complex and requires the services of an experienced patent attorney. You should first understand what is required to be a true patent attorney, before trying to hire one. A patent attorney must have a law degree, along with an undergraduate degree in a technical field, such as computer science or engineering, that has been approved by the Patent and Trademark Office (PTO). A licensed patent attorney must also pass a rigorous test administered by the PTO. Once the attorney has passed the test, he or she is given a PTO registration number and is licensed to practice before the PTO in patent cases.

Below are a few simple steps that will help you select the right patent attorney for your needs.

Step 1:

You should develop a list of patent attorneys who have a background or experience to understand your invention. These patent attorneys can work alone, or in small or large legal offices.

Step 2:

Personally interview each attorney on your list. Confirm that he or she has the technical background to understand your invention. Also, find out how many patents they have successfully obtained.

Step 3:

Always get a breakdown of the patent attorney’s method of billing. Patent attorney's fees are based on how complex the process of obtaining the patent will be. Any fees that the attorney quotes should include services for patent search, drawing, application fees and per-appearance legal representation before the Patent and Trademark Office .

Step 4:

Find out if the attorney has International Patent law experience. If you do obtain a United States Patent, depending on the invention, you may also need an international patent.

Conclusion

Patent law, national and international, is complex. More than 96 percent of all patent applications are rejected based on legal grounds the first time they are submitted. You will need to be represented by a patent attorney who understands how to address the laws that led to the rejection of your invention and also knows to process you appeal. If you want to obtain a patent for your invention, you will need a patent attorney.

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Wiki User

11y ago

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