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What You Need to Ask a Patent Attorney before Hiring One

February 19, 20233 min read

Hiring a patent attorney is important for any individual or business seeking to protect their intellectual property. Patent attorneys provide valuable services in securing patent protection, preparing patent applications, and negotiating with the United States Patent and Trademark Office (USPTO). Additionally, patent attorneys provide valuable advice and counsel on the patentability of inventions and the scope of patent protection available.

What Are the Responsibilities of a Patent Attorney?

The primary responsibility of a patent attorney is to ensure that the client’s intellectual property is protected. This involves researching existing patents and other relevant documents to ensure that the client’s invention is unique and eligible for protection. In addition, they must also provide advice on how to obtain and enforce a patent and protect against potential infringement.

Another responsibility of a patent attorney is to represent their clients in court proceedings. This involves representing the client in disputes over patents, copyrights, trademarks, and other intellectual property matters. They must also be prepared to provide evidence and arguments supporting their client’s claims.

In addition to providing legal advice and representation, patent attorneys often help clients to draft and negotiate contracts and licensing agreements. They must ensure that these documents are per the relevant laws and regulations and that they protect the client’s interests.

Questions You Need to Ask a Patent Attorney before Hiring One

If you’re considering hiring a patent attorney, you’ll want to ensure you’re hiring the right one. To do this, you’ll need to ask the right questions. Here are some key questions you should ask a patent attorney before hiring them.

1. What Experience Do You Have with Patent Law?

It’s important to find out how much experience the patent attorney has with patent law. Find out what kind of patents they typically handle and how long they’ve been practicing. You should also ask about any specializations they may have.

2. How Long Have You Been in Practice?

You’ll want to know how long the patent attorney has been in practice. Find out when they started practicing and how many years of experience they have. This will help you determine if they have the experience you need for your particular situation.

3. Are You Registered with the USPTO?

It’s important to make sure the patent attorney you’re considering is registered with the United States Patent and Trademark Office (USPTO). A registered patent attorney has passed the USPTO’s exam and has been accepted as an attorney who can practice patent law.

4. Do You Have Any Specialties?

Find out if the patent attorney you’re considering has any specialties. Some patent attorneys specialize in certain industries, such as biotechnology or pharmaceuticals. Others specialize in certain types of patents, such as utility or design.

5. What Kind of Fees Do You Charge?

Find out what kind of fees the patent attorney charges. Ask about the cost of filing a patent application, as well as the cost of any other services they may provide. It’s also important to find out any additional fees that may be charged for research or appeals.

6. How Will You Keep Me Updated on the Progress of the Patent?

You’ll want to know how the patent attorney will inform you about your application status. Find out how often they will update you on your application's progress and the estimated completion timeline.

Conclusion

Hiring a patent attorney can be a great way to protect your invention. A patent attorney can help you navigate the patent process, from filing your application to maintaining your patent. They can also help you enforce your patent rights if someone infringes on your patent. Hiring a patent attorney may be worth the investment if you have a valuable invention.

If you need a patent lawyer in Colorado, you can hire Jeff Schell of Schell IP. Not only will he help you with a patent acquisition, but he can give advice and guidance on product strategy. Get in touch with Schell IP to learn more about what he can do for you.

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Jeffrey Schell

Jeff’s mission is to transform innovative concepts into extraordinary companies. In 2019, top tier law firm Hall Estill acquired the rights to the Rocky Mountain Patent brand, where he became the director of its national Ventures Growth practice. Following his departure from Hall Estill, he founded Schell IP specifically to incorporate all aspects of artificial intelligence in a new model for an intellectual property law practice. Jeff attended Northwestern University, graduating with degrees in Industrial Engineering & Management Sciences and Economics in 2004. He subsequently earned his JD and masters degrees in International Studies and Medical Informatics. Jeff separately studied economics at Harvard University, and in 2007, was a delegate at the Harvard China-India Development & Relations Symposium. ColoradoBiz Magazine named Jeff one of the 25 "Most Influential Young Professionals in Colorado.” He was also a finalist for the Denver Post's "Colorado Innovator of the Year" and "Denver Trailblazer" awards. In 2017, Denver Mayor Michael Hancock invited Jeff to participate in Denver's official trade delegation to South Africa and Kenya. He also became elected President of TiE Denver, one of Colorado’s leading entrepreneur and angel investor ecosystems, from 2019-2020.

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If you would like to discuss a specific product concept requiring patent protection or speak with a patent lawyer, feel free to contact the Schell IP team.

The content of this website is not intended as legal advice. If you have any question pertaining to a specific matter, speak with an attorney.