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 "An
informed inventor is our best client."
It is very difficult
to determine who is and who isn't a good patent attorney. Even if
someone has used a patent attorney and thinks they did a good job,
it doesn't necessarily mean they did. I would like to provide you
with some tips that will aid you in the search for a good patent attorney.
Tips
for a choosing a good patent attorney.
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Make sure the
patent attorney has a working knowledge of the invention's technology.
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The patent
attorney should tell you to make the invention as simple as possible.
It's harder to "design around" a simple patented item
than a complex one. |
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A good patent
attorney will never tell an inventor that something is too simple
to be patented, or that the invention cannot be patented. A patent
attorney who states that an invention is not patentable risks a
malpractice lawsuit, unless they have knowledge of the prior art.
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The patent
attorney should know how to write claims that will make it difficult
for someone to "design around" your invention. They should
also be able to explain how they write the claims to accomplish
this goal. I make my independent claims as broad as possible and
leave the detail for the dependent claims, because for the most
part, if an inventor can avoid infringing the independent claim,
he has avoided all the claims dependent on it. |
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You should
ask the patent attorney what occupies most of his or her time. Is
it litigation or is it writing patents? Choose a patent attorney
who spends most of his or her time writing patents. |
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Make sure you
use an attorney who is registered with the patent office. If the
patent attorney is registered, call the patent office to see if
they are in good standing. This will help save you from patent scam
organizations that prey on unsuspecting inventors. |
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The following
symptoms, I believe, are evidence of a mediocre patent attorney:
Details
of the invention are not important to them; When
they write patents, the names of each element are not consistent
throughout the specification and claims; The
attorney claims to be expert at writing an application for any area
of technology; The
patent attorney doesn't spend enough time learning the subtleties
of your invention. |
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In most cases,
nearly any patent attorney can get a patent to issue; but it takes
time, effort, skill and dedication to write a great patent application.
A great patent application is one that can't easily be "designed
around." |
Free Initial Consultation
As your patent agent, Don will quote a flat fee for all legal needs related to obtaining your patent, like invention licensing, so you will know all legal costs before you start. Don works with inventors, design departments, and corporate attorneys in the USA and around the world from his office near Milwaukee, Wisconsin, USA.
Visa and Mastercards
accepted.
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