If you’re preparing to apply for a patent lawyer position or are just interested in the field, it’s essential to become familiar with what an attorney does. Often overlooked because of the sheer amount of legalese involved and the complicated vocabulary, patent attorneys act as advisers for inventors seeking protection for their creations. They also help by providing organization and guidance so that invention applicants can concentrate on their inventions.
In general, an attorney puts the inventor’s needs and goals first while dealing with issues of legal construction that come up in filing a patent. They may perform these duties as part of a more prominent law firm or independently. In the case of an independent law firm, patent attorneys may work on one project at a time so they can dedicate more time to each client. Separate patent offices differ from traditional firms because they are typically smaller and operate as small legal departments. In general, with independent firms, there is more flexibility regarding how much you’re paid and the time spent working on your patent.
What Do Patent Lawyers Do?
Patent law attorneys assist inventors by drafting documentation for the application process and by providing legal advice, and preparing the paperwork required to obtain patents. This includes helping inventors lay out their ideas, identifying related fields of invention, researching whether a story can be patented, and determining whether the results are novel and nonobvious. When a patent application is complete, attorneys will file the documents with the United States Patent and Trademark Office. If applicable, foreign patent offices can be found at the World Intellectual Property Organization. Once granted, the inventor becomes the owner of a patent that prevents anyone from producing or selling the invention without their consent.
Patent Attorney vs. Patent Agent: What’s the Difference?
While a patent attorney is responsible for work related to patents and trademarks, that doesn’t mean they are the only type of attorney that can file a patent application. Patent agents focus on filing applications, while patent attorneys handle all other aspects of inventing and working with patents. Patent agents are required to have a bachelor’s degree, two years of work experience, and three years of specialized training with a state agency. They handle all aspects of the process, whereas patent attorneys largely focus on issues related to patents and trademarks.
When patent attorneys work for law firms, their clients are limited to that firm. Patent agents, on the other hand, work for any attorney who has them as an employee. For example, if the inventor has a patent attorney and a patent agent working on her case, the attorney will handle all issues related to patents and trademarks, while the patent agent will handle all paperwork related to filing and renewing patents. As a patent attorney, you will find that you work closely with inventors and entrepreneurs who are usually very busy. In addition, you are often a key member of the legal department of a company, so finding time to take on new clients can be difficult. In the case of independent firms, there is more flexibility in terms of pay and time spent working on your patent.
In the event you have questions about the different types of patent laws, you can reach out to this law firm that focuses on patents.
Do You Need to Be a Lawyer?
While being a patent attorney may sound like the best bet for financial security, the application process does require some legal skills. In order to get a patent for your invention, there are certain elements you will want to include in your paperwork. Applicants need to prove their invention is new and not obvious, which requires greater detail than in many other types of applications. The technical aspects of your invention also must be defined clearly so that only those closest to the invention understand how it works and its potential benefits and drawbacks. As a result, a patent attorney is often the best fit for working on your case. However, there are other avenues in which you can obtain patents, such as the invention of a product by your business or when working out of your home.
Conclusion:
Patent attorneys focus on helping inventors get their creations protected through patents. They act as advisers for patents and build them into complete applications for filing with the United States Patent and Trademark Office or other patent offices around the world. Patent attorneys are required to become very familiar with legal terminology, including the Federal Rules of Civil Procedure, which outlines how civil cases are run. The rules contain a complicated organization of documents that often leave applicants confused. The application process is similar to any other application process you may have gone through, with the exception of the level of detail required to define the invention. As a result, a patent attorney is often able to fill an inventor in on all the details involved in getting their creation protected.
