Patent Attorneys are professionals who hold knowledge and qualification regarding patent-related matters. Before we dive into what is an IP lawyer, it is important to understand what exactly is a patent. The patent refers to the grant of rights provided by the government to the inventor for his / her invention. To receive a patent, the invention needs to be unique, non-obvious and should have some industrial application. The process of securing a patent grant is a complicated one and that’s where patent lawyers can help applicants to receive patent grants.
What is a Patent Attorney?
The patent attorney is a vital part of the patent system and provides him with a certain set of skills and knowledge. He/she assists in drafting an application for a client through legal research, understanding, and interpretation of the client’s invention, choosing appropriate patent office forms and evaluating novelty, utility, and prior arts.
IP Patent Lawyer – Roles and Responsibilities
Patent Lawyer undertakes a lot of activities as a part of their profession. Let’s take a look at the roles and responsibilities of an IP lawyer.
- Conducting a patent search – The role of a patent attorney includes conducting a patentability search. This ensures whether it is fruitful to pursue a patent or not. Conducting a patentability search saves a lot of time, money, and the threat of future litigation.
- Preparing Patent Application – Your patent application plays a significant role in the patent prosecution cycle. Thus, it is important to draft a patent application that is error-free. There are certain things that an applicant needs to abide by while filing a patent application. An IP Patent lawyer knows how to write high-quality patent applications.
- Helps in a legal matter – A patent attorney can help an organization in legal matters when it comes to patent infringement. The patent lawyer can defend your organization by challenging the validity / non-validity of a patent.
- Advises on licensing – Patent Licensing is a strategic tool that helps organizations in generating revenue through the patent. The patent holder gives his / her rights of the invention to the licensee for certain years in exchange for money. Thus, a patent lawyer can advise organizations in licensing and selling of patents.
The role and responsibility of a lawyer related to a patent are not limited to these actions. Depending upon the situation of an applicant, the attorney can take action. For instance, patent lawyers draft Office Action Response when the examiner finds relevant prior-arts.
Patent Attorney vs Patent Agents – Understanding the Difference
Patent attorneys can work at the United States Patent and Trademark Office. They can also practice in the courtroom. They can provide contract advice to individuals and participate in cases involving patents and trademarks.
Patent agents have a lot more technical expertise and are more likely to have a background in either science or engineering. Many agents enter the legal area after working in a technological field
Because the vast majority of inventions involve some element of engineering or science, the USPTO requires that patent agents have a background in one of these two subjects.
Patent agents are only permitted to practice patent law in conjunction with or via the USPTO. Due to their broad technological expertise, these professionals are frequently engaged by law firms. Larger corporations’ legal departments will occasionally recruit these professionals for the same purpose. Due to their more diverse backgrounds, patent agents are sometimes referred to as patent attorneys.
Common Misconceptions about Patent Attorneys
Now that we know what is an IP attorney, let’s understand some common misconceptions revolving around patent lawyers. There are a few common misconceptions about patent attorneys that can cause people to hesitate when considering whether or not to hire one. Here are a few of the common misconceptions and why they are not true:
- Patent Attorneys are expensive – While it is true that patent lawyers can be expensive, the cost of not hiring one can be even higher. If you don’t have a patent attorney on your team, you run the risk of losing out on potential patents, wasting time and money on fruitless applications, and missing out on opportunities to commercialize your inventions.
- Patent lawyers are only for big companies – This is simply not true. Patent attorneys can be an invaluable asset for any size company, from startups to large corporations. Regardless of your company’s size. If you have an invention that you want to protect, an IP lawyer can help.
- They work only on patents – While it is true that typically patent attorneys work on patents, they can also provide valuable assistance with other IP matters such as trademarks, copyrights, and trade secrets. If you have any questions about any type of intellectual property, a patent attorney can help.
A Patent attorney can help you secure patents for your inventions, which can give you a monopoly on the market for that invention. This can be extremely valuable, as it can allow you to charge a higher price for your product and make a larger profit. They can also help you to navigate the complex world of patent law, ensuring that you are in compliance with all the necessary regulations. If you think you have an invention that could be profitable, consulting with a patent attorney is a wise move.
Patent Drafting Catalyst ( PDC ) has been offering assistance with patent-related matters. We have a team of professionals who have made filing patent applications easy and seamless. Not only this, our team of experts can handle the entire patent process to protect your invention. To know more about us or our services, get in touch with us.