Picking The Best Patent Attorney For You [Insider Tips]
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- Опубліковано 12 лип 2024
- The definitive insider's guide to picking a patent attorney that is ideal for your business and technology type. Discusses the essential things to look for in a patent attorney along with things that are less important or irrelevant to picking the right patent attorney for you.
Additional Patent Resources:
- My best-selling book, Patents Demystified: amzn.to/2MX5le9
- The top book on licensing your idea or invention: amzn.to/3tDLSib (One Simple Idea by Stephen Key)
- When to file a patent application: www.dwt.com/blogs/startup-law...
- Is software patentable: www.dwt.com/blogs/startup-law...
- My appearance on CNBC’s “The Profit” with Marcus Lemonis: www.cnbc.com/video/2019/11/08...
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**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. ***** - Наука та технологія
Thanks for this insightful information, I can't stress enough how helpful it is.
Thank you
So valuable!
Rabbit hole, #3 ... Great style by the way
Thanks! Glad you’ve been enjoying the videos!
How are the first years as a patent attorney, such as finding a job and learning to do the job well. Im going to law school in a few months and have a mechnanical engineering background, how can I preapare? What advixe would you give to someone starting up?
Like most legal jobs, starting out can be difficult as you learn the basics with the pressure of having to do work within time limits and on budget while meeting your billable hour requirements. However patent law is way more chill than most legal jobs. My suggestion would be to try to get an internship or job in patent prosecution (drafting patent applications and responding to office actions) as soon as possible since that's going to be experience with the same work you would be doing as a patent attorney. Also, consider taking the patent bar now - that will make it easier to get a job, make more money, and will let you directly represent clients.
I have a full playlist on what to expect from a patent career and tips to prepare and succeed here: ua-cam.com/play/PLp15JXznBjPWV7v0dD50ZdOvPfXMuo_yN.html
Hi Dylan, do you have any recommendations on where I can find a patent attorneys (e.g., Google search, Yelp, etc)? Also, is there some way to “interview” an attorney to make sure they are a good fit?
I definitely recommend talking with a patent attorney before hiring them to make sure they are a good fit. This video that you posted this comment in has my best advice on what to ask them along with this one: ua-cam.com/video/Pj8i5FnQn10/v-deo.html.
As far as where to find patent attorneys, I suggest tapping your network or asking folks who work with similar technology who they've had a good experience with. Not sure about what websites to use - I liked Avvo for awhile but I'm not sure how good it is these days. There is always the USPTO registry as well: oedci.uspto.gov/OEDCI/practitionerSearchEntry
@@PatentsDemystified Thanks so much for the reply! Very helpful 😀
What good is a patent? The cost to protect it is be yound the average person to defend it. And in most cases the attorney get paid and you get nothing. How can you prove to me that you will be able to help without draining my bank account.
For the wrong product or business model, patents are indeed a complete waste of money and will unnecessarily drain you bank account. Also enforcement is cost prohibitive or impractical for most folks, even if they have a patent. However for the right product and business model, patents typically create 2x, 5x, 10x or more value compared to what you pay an attorney for them. Also, enforcement is not where startups actually get value out of patents. This clip has more detail on that: ua-cam.com/video/9pgZ7WeTobE/v-deo.html Thanks for the great question.
Consider this case please, two companies cooperate together to bring new product to the market, and have the same patent attorney but company A is responsible for R&D and is not sharing R&D information during the process, only the results, when the company B will take care of the rest (testing, certification, marketing, project development, production...). The company A will own the patent and license it to the company B, is there a conflict to have the same patent attorney? Do attorneys avoid these situations to have two clients that cooperate together? Patent attorneys are not allowed to provide information to anyone, this is clear, but can this affect the application process itself in the case when company B also tries to patent the solutions they came up during the development process independently (which is totally fine for company A if it does not interfere with the essence of the core patent)? Do you recommend separate patent attorneys in this case? Thank you!
My first comment is that folks should use a separate legal counsel if they have any reservations about their being a conflict of interest, even if there isn't one. It essential that you trust your patent attorney completely and have no doubt that they are 100% on your side. Even if there is not actually a conflict or unlikely for their to be one, getting separate counsel can be best if there is any doubt.
That being said, patent attorneys can often work in situations like this without there ever being a conflict of interest or potential harm to clients. As a patent attorney, it's often easy to waive or work around conflict of interest when companies are cooperative with full transparency. However, I would be concerned if the patent attorney represents both companies A and B and that patent attorney drafts and files the patent applications on related technology for both A and B from a common collaboration and one or both clients wants to keep secrets from the other. For me, a threshold test is also whether it's likely that a patent or patent application from one client will be cited as prior art against another client, which could be the case if the attorney is patenting stuff for companies A and B generated in the same collaboration. Regardless, even if there is going to be the perception of a conflict or lack of trust in the attorney as a result of the situation, it's best to have separate counsel even if there is not technically a conflict or the attorney gets conflict waivers from the clients.
@@PatentsDemystified I totally agree with your logic conclusion, IP protection is too delicate process to afford an increased chance of potential conflict, thank you once more!
You bet. Glad to help.