Know the right way to choose a good patent lawyer
By: craig23 | Posted: 14th July 2010
Every invention or idea of invention is the property of the inventor. Ethically it belongs to him/her. However, it is essential to obtain legal rights on it as well. This is to ensure that your invention is protected from unauthorized use. This protection of a technical or scientific invention is accomplished with a patent. And it is the duty of the patent lawyer to help you deal with its various aspects.
The first question that arises is why you would need a patent lawyer when you can file for a patent on your own. Well, the chief reason for this is that a patent application involves a complicated procedure and a legal professional who is aware of all the details best does it. Moreover, he/she can advice and assist you in protecting your patent from any illegal reproduction or use.
Duties of the lawyer
What are the responsibilities of the patent lawyer? Here is a brief list of the task.
- Filing patent applications, drafting and reviewing it
- Analyzing prior inventions of the same category, also known as ‘prior art'
- Offering patentability opinions, i.e. the aspects that need to be patented
- Assisting to develop global or national patent portfolios
- Drafting patent appeal briefs and filing them
- Offering opinions about the legal validity of patents
- Advising on patent protection strategies
- Offering assistance to track infringement
- Drafting cease and desist letters in case of infringement
- Handling patent related litigation
- Providing expert counsel and testimony in cases involving patents
- Preparing patent license agreements and assignments and negotiating these in case of disputes
Importance of choosing correctly
You must have understood by now the importance of hiring a qualified and competent lawyer for the job. He/she is the right guide to help you through all stages involved in the patent process - right from applying for the patent to handling any disputes related to the infringement of your invention.
How do you choose a patent lawyer for the job? Well, it is necessary to keep in mind that a certified and licensed lawyer is necessary. Only he/she can represent your case at a court of law. While most patent law related cases are resolved via mediation or negotiation, you may have to opt for litigation in certain circumstances. If that is the case, a lawyer licensed to work in your state can work on your behalf.
It is good to choose a Gaza patent lawyer with at least some years of experience. And that too in the field involving inventions of the same category. Success rate does not determine the competency of a lawyer. You may choose someone who has been successful in simple cases and have an excellent record of accomplishment. But that won't ensure his/her capability in handling more complex cases.
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Tags: inventions, patent application, patent applications, invention, inventor, chief reason, legal professional, competent lawyer, prior art