Patent Lawyers Explained
A patent lawyer is an attorney that specializes in patents and copyrights. This is often a more specialized area of business law, commercial law or copyright law. In some areas, the patent lawyer is referred to as a patent agent but this depends on where you live.
In Australia, just like in other countries, there are certain requirements you need to go through to become a patent lawyer. You will need to receive registration from the Professional Standards Board for Patents and Trade Marks Attorneys (also called the PSB). There are certain qualifications you must meet to achieve this. They include:
- Passing the nine topics which are set out in Schedule 5 of the Patent Regulations 1991.
- Have a tertiary educational qualification in a field of technology that relates to patents.
- Be a legal resident of Australia.
- Work for at least a year as a technical assistant in a patent attorney’s office or an examiner of patents at the Australian Patent Office.
- Have not been convicted of a crime against the Patents, Trade Marks and Designs Legislation (within the past 5 years).
If you are in need of a trademark or patent, you can seek the aid of a patent lawyer to ensure everything goes as planned and according to the law. It is important to contact your lawyer before you have even chosen your patent or trademark as they can help you with this process as well.
Getting a patent without assistance can be quite a difficult task and a lawyer or attorney should at least be contacted in order to give you an outline of what steps are involved with lodging a patent.
Types of Cases a Patent Lawyer Can Assist You With
A patent lawyer deals specifically with patents so the types of cases they would normally help you with include:
- Choosing your patent or trademark
- Researching the competition
- Obtaining a patent
- Applying for a patent
- Cease and desist letters if you feel your patent is being infringed upon
- What to do if you are served a Cease and Desist
- Other matters pertaining to patents
Questions to Ask Before Signing Up
So how do you know what types of questions to ask a patent lawyer? The more thorough you can be, the better able you will be to make an informed decision. Find out things such as:
- How long the lawyer has worked in patents.
- Some examples of previous patents or cases they have been involved in recently
- Why they chose to work in patents.
- What unique skills or qualities they possess that will help your case.
Always prepare your list of questions before meeting with a potential lawyer so you do not forget anything and to ensure you don’t waste time (particularly important when it is being billed every few minutes!)
Hints on Separating the Good from the Bad
One of your first tips for separating the good from the bad is to do your research like we mentioned above. Find out where they learnt their patent skills, who they studied with, how many years of experience they have and try to talk with personal references or former clients to see what they have to say about the lawyer you are considering.
A good patent lawyer will help you prepare the things you need and tell you what’s important to bring along with you to speed up the process and make the job of the lawyer easier (and potentially save you $$$ in the process).
Hints to Help You Minimize the Cost
Some ways in which you may be able to reduce the costs are to:
- Shop around and get quotes from a few different patent lawyers
- Try to find a good patent attorney that works for a set fee- not by the hour
- If your lawyer works by the hour, be sure to have everything prepared before going in so your visits are shorter
Be cautious trying to go it alone because mistakes made by going without a lawyer can end up costing you much more than a good lawyer would have in the first place when it comes to defending the patent later.
Remember that if a big company could be interested in your patent then they will have a TEAM of lawyers looking over it, so ensure you get your patent done right.
Common Problems with Patent Law
Many problems with patent law occur when people do not know the law they are following or they do not follow proper procedure when choosing a patent.
If you choose a trademark, logo or patent that already belongs to someone else, there could be expensive consequences. Not taking the time to go through a qualified lawyer can land you in hot water when it comes to patents!
|
Lawyer Articles