The Role of Patent Attorney in U.S.: Why You Need Professional Guidance

17.05.24 12:46 AM By Rashmi

The-Role-of-Patent-Attorney-in-U.S.-Why-You-Need-Professional-Guidance

Before moving on to why we need professional guidance from a patent attorney, firstly, we must know who a patent attorney is and what the role of a patent attorney is in the U.S. A patent attorney is a lawyer with full expertise in securing and protecting an inventor’s rights.

They are licensed to represent clients before the United States Patent and Trademark Office (USPTO). Therefore, patents are granted to those inventors who invent unique, useful, and non-obvious inventions.

They offer legal advice to their clients regarding issues and matters related to their inventions. They assist their clients with trademark, patent, and copyright law issues. Therefore, clients need professional guidance. Let’s focus on some points why you need guidance.

Reasons Why You Need a Patent Attorney – Explain

Who are inventors?

They are smart and talented people who create inventions and have a deep understanding of the invention. But for patent registration, an inventor must know about the U.S. Patent or trademark office rules. That is why they need a patent attorney’s help. Here, you will learn about the role of a patent attorney in the U.S. Here are some points that patent attorneys follow for patent registration:

  1. Understanding the U.S. Patent Law: U.S. Patent Law is basically a highly specialized field that is governed by both Title 35 (United States Code) and rules and practice guidelines. The U.S. Patent and Trademark Office implements these. These rules and guidelines will help patent attorneys in creating the claims regarding your invention and comparing it with the “prior arts.”
  2. Understanding the process: Before the discussion with the patent examiner on the topic of the patentability of the invention, a patent application for your invention must be prepared and properly filled. It discloses the invention in sufficient detail and includes all the things in the form prescribed by the patent office rules and guidelines. It also includes related documents like inventor declaration, application data sheet, and payment of the appropriate fees. If you pay the wrong fees, then it will affect your future patent.
  3. Preparing the application: All the administrative procedures and knowledge of patent law start working before your patent application is filled. Patent attorneys have that much experience from hundreds of patent applications. So, they can easily work with you to identify those elements of your invention that may lead to successful claims and highlight those elements that are essential for protecting your patent.
  4. Help in searching for the best type of protection: The most common type of patent is a “Utility Patent.” That will protect the functional aspects of your invention. You can also apply for two types of patents in addition to utility patents: Design Patent and Plant Patent.
  • Plant patents work with certain limitations and protect distinct and new plants, while a Design patent protects the appearance of an article of a manufacturer, such as (a chair, a lamp, or many more).
  • An experienced patent attorney will help you not only know the type of patent you will get but also help in knowing the value of your invention that will be generated after getting patent rights.
  1. Relevant legal advice: It is not enough to be successful as an inventor or patent owner to get patents. A good patent attorney will help in negotiating and drafting a license and agreements on the value of a patent. A patent attorney gives valuable advice for enforcing patent rights once infringed.
  2. Time is precious: Without a doubt, many innovators could become skilled patent attorneys, but it is not useful for you to spend your time in this area. While your patent attorney will still value your advice and knowledge throughout the patenting process, it won’t be required that you devote all of your time to it. You can devote the time in practice to developing your invention further, coming up with new ideas, and working with other experts in your company and your field.

These points will help you understand the role of a patent attorney in the U.S.

Conclusion

Every inventor needs a perfect patent attorney for their patent protection. For that, you need good guidance. Our experts are there for your help.

The experience and role of a patent attorney in the U.S. are important. We will sort out all your queries regarding the patent protection of your invention, whether you want a design patent or a plant patent for your invention.

They give you proper advice and a path to follow within legal norms. They are full of knowledge and have years of experience working as patent attorneys. So, feel free to ask any question, and will sort it out immediately with the best advice.

Rashmi