In US - Patent attorneys help the clients in protecting their rights. The client should always have a good working relationship with his attorney so that the rights of his property or product are protected for many years. The client should also make sure that his attorney is well qualified and has the necessary experience to represent him.
US Patent Attorneys / Patent Lawyers
Selecting the right patent attorney in US goes a long way in protecting your invention. Such attorneys can help in providing guidance and counsel on the invention of their clients. So, it is essential for the client to immediately contact the attorney and seek advise from him. These attorneys help the inventor in maintaining an exclusive right over his product. The patented product should be innovative and different from the other products in order to be classified under the category of the patented product. There are 2 categories of US - Patent attorneys. They are:
- Attorneys who are engaged in drafting patents.
- Attorneys engaged in litigation.
Guidelines for choosing the patent lawyer to protect the patent rights:
- Clients should see to it that their patent lawyers are technically qualified. Knowledge of the relevant technical details is essential to draft the patent document.
- The attorney’s background should match the client’s field of invention.
- Clients should select those attorneys who have prior experience in drafting a patent document.
- Clients should select a attorney who hires an independent patent searcher. An independent patent searcher acts without a bias.
- Clients can select their attorneys after careful searching and sieving.
It is beneficial to understand the process that goes into drafting and registering a patent. The client should make sure that his attorney understands all the nuances of his product and is capable of putting it in the patent application. The client should clearly explain to the patent lawyer the differences between his invention and other similar products.
An efficient patent attorney will try and evaluate the claims made by his client about the product and inform the client if he finds the claims to be frivolous or far-fetched. The attorney should concentrate on the language of the claims. The claims should contain proper and precise wordings so that the court does not misinterpret it. He should see to it that the language of the claims is appropriate and contains all the aspects of the invention and it does not contain any unnecessary matter. The attorney and his clients have to essentially disclose all the information relating to the product in question. A good patent attorney should see to it that his client’s patent application gets accepted.
It is a fact that only the patent lawyer can argue on behalf of his client in the case of infringement. The patent agent is not qualified to argue on the behalf of his client. These attorneys should have passed their patent bar exam and conduct the proceedings as befitting the code of conduct as prescribed. Also these attorneys should keep them self abreast of all the recent developments in the field of patent law that can have a bearing on his clients. These attorneys should not try to take advantage of their client by disclosing critical and confidential information about his client and his invention. It is essential for the client to enquire about the patent attorney’s qualification, experience and billing terms before proceeding further. The patent fees will most often depend on the nature of the product that is patented.
It is advisable to work only with a registered patent lawyer, as you can then be assured that your product or invention is in the safe hands of a person who has the requisite skills to handle the procedure. A patent search can help you find out if your idea or concept has been patented or is already available in public. Your attorney can help you out with your patent application process. On completing the required paperwork, you need to await review by a patent examiner of the United States Patent and Trademark Office.
Patent Rights
Patent rights prevent others from using or selling one's invention over the period stated in the patent application. It's usually 20 years in the United States and can be renewed. Patent laws serve the interest of the inventors and businesses with respect to their inventions and corporate products and service identifications. This is taken care of by (USPTO or office), an agency of the United State Department of Commerce. Its role is to register trademarks and protect inventions. The office promotes the industrial and technological progress of the nation and strengthens the economy by preservation, classification and dissemination of patent information. It publishes the Manual of Patent Examining Procedure to elucidate the requirements of patent statutes and regulations and provides training to practitioners. It disseminates patent and trademark information that promotes an understanding of intellectual property protection and facilitates the development and sharing of new technologies worldwide.
Patents issued are generally of three types:- Utility Patent - It is given for any new invention of new and useful process, machinery or compositions of matters or any new improvements.
- Design Patent - It is usually given for original and ornamental design ideas for articles of manufacture
- Plant Patents - This is granted to those who invent or discover and asexually reproduce any distinctive variety of plants.
