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What a Patent Attorney Does

Patent attorneys are just like any other attorneys, but they specialize in patent work. There are two types of patent attorneys: patent litigation attorneys and patent prosecution attorneys. The first actually argue on patent cases in court while the latter do not go to courts. They only help in analyzing patents to check whether they are valid. They further check if all the requirements are met in patent application.

When hiring the services of a patent attorney, the cost can be expensive and in order to proceed efficiently, the lawyer should understand your ideas regarding the product that you were able to invent. A thorough research is very essential. After knowing all the information of your product, he will now uncover all related ideas of a product that has been patented already. He should be able to tell outright if your product could not be patented for a reason that it is too similar to an earlier invention. This initial search and consultation may cost you a lot of money but it will save you from spending more if you find out later that you are trying to patent a product that can never be patented at all.

How does one get a patent and where does the attorney come in?

Unlike a copyright that is granted more easily, patent goes through a much more complicated process. Its complexity even requires you to ask the aid of a patent attorney. Basically, in order for you to get a patent, your invention or your product should be new and useful. And you need to prove it to the United States Patent and Trademark Office (USPTO) through your patent attorney.

Once a product is proven to be new and useful, a patent application is first filed in the USPTO. USPTO is a government agency that has over 7000 employees hired to review all patent application received daily. The fact is, it takes 2-5 years before a patent can get approved. This is where your patent attorney comes in. Only those attorneys that have passed a special test can file papers in the USPTO.

Once you hire the service of a patent attorney, as the inventor, you must execute a power of attorney or an authorization giving authority to the said attorney as your representative. This is an additional requirement to the application papers to be filed in the patent office. The patent office, specifically the USPTO, will not communicate to you directly. They will conduct all correspondence with your patent attorney or patent agent. However, you can directly make inquiries as to the status of your application to the patent office. When you decide to terminate the services of your patent attorney, you can do so by revoking the power of attorney or authorization that you issued. Patenting an invention or any other things worth patenting provides your work some sort of protection. By securing a patent, you are able to secure the rightful license for your work.