HOW TO FIND A GOOD ONE
Many Inventors Use Attorneys to Guide Them Through the Patent Process. But Finding the Right One Isn't Always Easy.
By Mike Foley
Do you really need a patent attorney? Can an attorney ever really understand a product the way the inventor does? Should you patent the invention yourself and save money? There are, of course, no hard and fast answers to these questions. The approach to the patent process will differ with the individual inventors and their products.
Over the past few years, several excellent books have been written on self-patenting, the most highly-regarded being David Pressman's PATENT IT YOURSELF. It's important to remember, however, that if problems arise and you're involved in a court dispute over your patent, you'll need expert legal advice. That's when it helps to have an attorney who helped prepare the patent application.
A good patent attorney will ultimately grasp the subtleties of your product, while preparing an application that anticipates possible infringement issues in the future. Remember also that many patent applications are initially rejected and must be reworked to gain approval. An attorney will often understand what's required in revising a rejected application.
The ultimate decision to hire an attorney will always be yours. But if you decide to look for legal assistance in filing your patent application, you'll need to keep a few things in mind:
1. Education--Find out as much as you can about the patent law, the application process, and the required elements for applying. A good general knowledge of the process will help you work better with an attorney.2. Interview--This is the "asking questions" phase. Interview a variety of attorneys until you find one you are comfortable with. And since the relationship could last as long as two or three years, you must ask for a cost estimate, as well as general background questions on the attorney's history (how long in practice, how many patents awarded, for which type of products, etc).
3. Background--Many patent professionals recommend you choose a patent attorney who also has an engineering background. An engineering focus can be extremely helpful in crafting the patent application.
4. Fees--Be sure the attorney gives you a quote for the entire process. If the fees seem reasonable, be sure to ask how the payment schedule will be arranged and make sure you're comfortable with it. Patent process fees range from $2,500 to $10,000, depending on the product and the required drawings.
5. Searching--Many inventors have been disappointed with "in-house" patent searching by their attorneys, claiming that the work is often done by company people who lean toward creating favorable searches. To avoid such conflict, it's best to choose a patent attorney who utilizes independent contractors--patent search professionals who will do a fair search with accurate results.
6. Be Intuitive--In order for the process to be effective, you must trust your attorney, have faith in his/her skills, and feel that you've found a legal representative who truly understands your product. Without that, the relationship can flounder in distrust and misunderstanding. Use your intuitive side--a person may be highly competent, but if you harbor doubts about the relationship for any reason, walk away before you hire that person. Choose the attorney you feel is best for you.
Use the above points to make your final decision about your patent approach. Remember that you can hire a patent agent instead of an attorney, but the agent will not be able to represent you in court or help with infringement litigation should it arise later. The critical point to remember is that you'll be working with the attorney for several months or even years. Do your homework and select the individual who seems right for you and your product.
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