How to Choose the Best Patent Attorney Near You and What They Can Provide

In today's competitive business world, where anything can be easily copied, patent law provides you with rights that give you complete authority over your invention. This means that if a company decides to work on your idea, you will have legal support to help you maintain control over your invention.

Since these matters are all legally related, professional legal support is crucial. In this blog, you will learn what a patent attorney can provide you and how you can hire the best patent attorney near you.

How a Patent Attorney Can Protect Your Invention

1. By patenting your product or technology

A best patent attorney nearby can efficiently navigate the process involved in patent registration. 

• They start by analyzing the market to make sure that the invention is novel and no one has patented the similar invention. 

• They will help you in drafting the patent application that involves filling out the forms and preparing detailed documents such as a description of the invention, drawing figures, and writing claims that need to be submitted before the USPTO for approval.

• During examination, there is a probability of getting opposition claims that can require legal proceedings or trials, and filing to respond to these claims can lead to patent rejections. Patent attorneys will be involved in negotiations to clarify claims or can assist in modifying the application to get the patent approved.

2. By increasing scope through licensing

• It is not always necessary to put a case of infringement if you see anybody copying your business. Through legal procedures, you can make a deal with the party by allowing them to use your invention in return for royalties. 

• If the party does not agree to the deal and still continues to use your invention without authorization, then you can take legal action to challenge their business.

• A best patent attorney nearby will help you get the right license for your needs. These are various types of patent licenses, such as carrot licenses, exclusive licenses, sublicenses, etc., that determine the specific scope of the work. 

• Yes, you can take multiple patent licenses, but the type of license you choose will depend on your goals and the circumstances.

3. By Protecting Your Brand From Infringements

• There are some scopes of patent claims, and the accused company must fall within it to be considered legitimate. For this, the best patent attorney near you evaluates the infringement through a process known as a claim chart.

• Before taking any legal action, they can also try to remove disagreement through negotiation by sending cease-and-desist letters or can offer a deal regarding licensing agreements.

•  If the patent is valid but your product doesn't infringe, the attorney can argue that your product or process doesn’t fall within the scope of the patent claims.

Considerations Before Hiring a Patent Attorney

• A patent attorney with a technical or engineering background is particularly valuable if your invention is complex or highly specialized. Check their educational qualifications and work experience to see if they align with the nature of your invention.

• If you're considering filing patents internationally, check if the attorney has experience with international patent law and procedures, including the Patent Cooperation Treaty (PCT) or the European Patent Office (EPO).

• Be sure the attorney is upfront about their fees. Some charge hourly rates, while others may offer flat fees for specific services (e.g., filing a patent application). Understand what the fees cover (e.g., application drafting, filing, prosecution, etc.).

• You need an attorney who can explain complex legal and technical concepts in a way you can understand. Look for someone who is approachable and willing to clarify doubts.

• Ask about the attorney’s track record with patent approvals. A high success rate can indicate their ability to navigate the process effectively.

• The best patent attorney near you offers a free initial consultation to discuss your case. Use this meeting to assess their approach, experience, and whether you feel comfortable working with them.

Conclusion

Though you can fill out a patent application by yourself, it is recommended to get help from a patent attorney. But while finding them, don't get confused between a patent agent and an intellectual property attorney. Though patent agents can do some work similar to patent attorneys, intellectual property attorneys are not licensed by the USPTO and do not have specific expertise related to patents.

Visit ALCOBALAW to get access to the best patent attorneys near you that are licensed to practice before the USPTO.