How a Lawyer Can Help with Your Patent Application

How a Lawyer Can Help with Your Patent Application

Anas Bouargane 28/09/2020 7
How a Lawyer Can Help with Your Patent Application

A patent could be one of the most important things to consider when making an innovation.

This is because a patent is meant to protect your rights to your intellectual property. Without a patent, malicious individuals or entities could easily steal your intellectual property, be it an invention or a composition, and reap from where they never sowed. At the same time, you lose a brainchild you worked very hard to produce. Thus, you must get the patent application process right. This is where your patent attorney comes in. This article helps you identify four clear roles that the patent attorney plays in your patent application and why you must engage the right attorney in the exercise.

Patentability Opinion

The first role of the patent attorney is to provide the client with a patentability opinion. An investor should be aware that an invention's patentability is partly dependent on existing patents and existing patent applications. The patentability opinion is the professional opinion that the attorney provides. The idea depends on their analysis of the existing patents to determine if the client's current invention is viable for patentability. You will be confident of successfully ensuring your intellectual property protection with the right attorney. Besides, the client needs to understand that the patent application has its risks and benefits before committing their financial resources to make a patent. Thus, the attorney provides the client with a professional opinion on the previous patent search, which makes the client fully aware of obtaining the patent they are applying for.  

Patent Registration

This is the actual processing of applying for the patent to protect your invention from manipulation and intellectual theft. Patent registration will help to secure your intellectual property by preventing someone from claiming ownership of a similar invention within the same scope for over 20 years. It involves a series of legal and administrative proceedings that would see the innovator securing a patent. It would also include the issuance of the documentation with the description content and the patent's claims with the procedural paperwork. Being a legal and administrative process, the attorney is legally qualified to undertake this process and would help you to obtain the patent without having to go through the otherwise confusing legal procedures.  

Patent Infringement

Patent infringement is majorly concerned with the business goals of your invention. As an innovator, you deserve to earn benefits for your hard-earned innovation. Patent infringement involves a case where the third party uses the invention without the consent or permission from the owner. In most cases, the patent infringement would include a case where the third party uses the invention for a commercial purpose. Thus, patent infringement is defined in the claims of the patent during the time of processing.

To help you avoid these unnecessary occurrences, your patent attorney would help develop a litigation plan that would allow you to meet your business goals when applying for your patent. The patent attorney would also help you with monitoring the patent infringements, and in the event it occurs, you would need the attorneys to file a legal case and defend the patent infringement.

Patent Licensing

Patent licensing is also an essential consideration to you as an innovator, as it is the process that would enable others to benefit from your invention while at the same time protecting your interests. This is at the core of your business goals as an innovator. Potential clients would need to obtain licenses to your patent to enable them to use the property.

When making these terms, the attorney helps you carefully review your business goals to ensure precision while drafting the license term agreements. It is essential to consider all the parties involved with the use and the innovation patent to determine the relevant pricing and distribution of the license. With the licensing attorney's help, you can obtain the best possible benefits to form your innovation. To ensure this is achieved, the attorney would take time to ensure that patent licensing is in line with your business objectives, draft clear and precise license agreements, and handle your negotiations on your behalf to obtain the most favorable bargain.

This article indicates the importance of obtaining a patent attorney to protect your invention's legal rights. It is an important step and the only way to ensure that an innovator can benefit from their work. On the other hand, is a legal and administrative process, patents would require that you obtain help from a qualified attorney to help you go through the process successfully. This is advantageous to you as the innovator as you will benefit from the attorney prior experience on the patent matters. Also, you get the betting opportunity of satisfying the most forms of your invention.

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  • Matt Harrison

    Patent helps inventors legally safeguard their work

  • Danny Gallagher

    Excellent work

  • Joshua Russell

    The filing date is also critical.

  • Adam H

    If a patent doesn't work out, a lawyer can help you explore copyright, trademark and trade secret rights.

  • David Byrne

    An innovative idea is uniquely valuable and should be protected under the law.

  • Jeff Elliott

    Good read

  • Lee Cook

    Absolutely ! The job of a patent attorney is to protect your creativity.

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Anas Bouargane

Business Expert

Anas is the founder of CEF Académie, a platform that provides guidance and support for those willing to study in France. He previously interned at Unissey. Anas holds a bachelor degree in economics, finance and management from the University of Toulon.

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