Questions Regarding Patent
There are a number of commonly asked questions
regarding patent attorneys. Knowing the answers can save you a
- 1. Do I need a Patent
No, while it is advisable to have an attorney
represent you, it can be done without one. Chances of being
awarded a patent are greater with an attorney representing you,
in most cases. The strength of the claims is also the strength
of the patent.
2. Can I do a portion of the work myself, and
then get an attorney to finish it?
Yes, there are a number of things you can do yourself,
prior to hiring a patent attorney.
3. Are patent attorneys required to have
Legal Liability, or Malpractice Insurance?
Sadly, no they are not. There are some states that do
not require it. This insurance is expensive, so some attorneys
choose not to carry it. Apparently, they believe they are
competent enough not to need it. It is advisable to request an
insurance certificate, and if one is not provided, move on to
another attorney that is insured.
4. Should I always follow my attorney's
No, not a chance. This is actually a poor idea. While
some attorneys are honest as the day is long, there are others
that require you count your fingers after shaking their
5. I'm getting a bad feeling about my
attorney. Can I fire him?
Absolutely. If you feel you are being taken, it is a
good idea to get a second opinion. This opinion will cost you,
however in the long run, it may be saving you money. If upon
finding out your headed in the wrong direction, replacing your
attorney is always an option.
6. Can I sue my attorney?
Yes, if there is reason, there are Legal Firms that
specialize in Legal Malpractice. You can easily get feel if
it's worth while, since these firms do take cases on a
contingency basis. Meaning no settlement, no fee. Standard fee
is one third, plus expenses. Get a written quote on the basis
of these expense rates. $100.00 fee a fax is not exactly a
bargain. Most firms will provide a "menu" of their charges.
7. Do patent attorneys have a inside scoop on
the patent office regarding whether or not a patent will be
No, although it has been my experience that some would
have you believe they do. It does instill confidence in them,
and make it less likely for you to question them.
8. My attorney says I don't need a
provisional patent. Does this sound right.
No. Some inventors are lead to believe their patent is
a sure thing, so a provisional patent isn't needed. The reason
why provisional patents were created was to provide a one year
period of protection, allowing the inventor to test the market,
locate funds for their venture, and do so without paying for a
non provisional patent. Non provisional patents are
considerably more expensive than provisional patents.
© Lee A. Jesberger