Advice on Patents


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Questions Regarding Patent Attorneys


Patent Attorney Questions?

 There are a number of commonly asked questions regarding patent attorneys. Knowing the answers can save you a small fortune.

  1.   1. Do I need a Patent Attorney?

 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 advice?

 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 hand.

  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 awarded?

 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 - 2008

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