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Patent
agents and patent attorneys have expertise in assisting inventors obtain intellectual
property (IP) protection of their ideas and inventions. Individuals claiming
to be a patent attorney or agent must have passed the Patent
Bar Examination.
In order to qualify for the
Patent Bar, patent agents and patent attorneys must have a university degree
in an approved technical field, such as engineering, or an area of science, such
as biology or chemistry. Patent agents and attorneys must continuously update
their knowledge of IP issues. The IPWatchdog Web site provides details on the Patent
Bar Examination.
The difference between patent attorneys and patent agents is straightforward—patent
agents are not attorneys-at-law, and as such, cannot conduct patent
litigation in the courts or perform certain other services which
are considered by the local jurisdiction as practicing law. For
example, a patent agent could not draw up a contract relating to
a patent, such as an assignment or a license, if the state in which
he/she resides considers drafting contracts as practicing law.
Otherwise, both patent attorneys and patent agents are able to prepare and pursue
a patent application through the U.S. Patent and Trademark Office (USPTO).
The USPTO typically regards patent agents to be just
as well qualified as patent attorneys, as long as they are registered with the Office.
While the U.S. Court of Appeals for the Federal
Circuit is a common
legal forum used to address alleged patent violations, patent attorneys can
also choose to enforce patent, copyright, or trademark laws in a state or federal
court. By going to a court other than the Court of Appeals, a plaintiff can
receive monetary damages or injunctive relief from someone who has used a patent,
trademark, or copyright in a prohibited fashion.
There are many resources available to assist in searching for the right patent
attorney or agent, including the Internet, trade associations, and local legal
associations. However, the best first stop is the USPTO's
Web site, which displays a master
list of agents and attorneys licensed
to practice before the Office.
Patent agents advertise that they are generally less expensive than patent attorneys
in assisting the entrepreneur in gaining IP protection. Regardless of whether
you are considering an agent or an attorney, you should first develop
an understanding of your desired result and then ask how much it will cost
to achieve. Most attorneys and agents will provide a general fee quote upon
request.
Individual inventors or small technology companies may apply
for their own IP protection. The USPTO provides application
instructions and cost estimates. The application must conform
to rigid USPTO requirements. Good applications for IP protection
are typically complex and can take some time—18 to 24 months
is not uncommon, especially for patent applications—so it
might be worth the cost of obtaining a professional's services
for peace of mind.
There are major pitfalls to be avoided when considering obtaining IP protection for a product or idea. The first rule is to always know who you are dealing with when seeking professional advice and expertise.
The National Inventor Fraud
Center was founded to serve as a central clearinghouse for known examples
of individuals and companies who advertise a registry service and do not follow
through with their obligations. The Center's Web site lists some common rules
that provide protection to IP novices and includes links to other helpful Web
sites. These rules include:
- not rushing, or being rushed, through the IP process;
- taking time to investigate and educate yourself;
- recognizing the value of third-party evaluation;
- making sure your IP professional possesses the experience and technical expertise needed for your particular technology; and
- checking references, checking references, and checking references.
Following these suggestions will also likely save you money. As an example, there are a number of Web-based and other resources available to help you gain a good understanding of what other IP has already been established relating to your technology. The more you know about these related technologies and the IP associated with them, the better prepared you'll be to deal with the IP professional you ultimately choose to do business with.
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