When do You Need a Patent Attorney?

According to the United States patent and trademark office; A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.

So, if you are on the way to create your own patent, this information may help you deal with the case a bit easier.  

Any new and/or useful method, manufacture, machine, chemical compositions and/or improvement thereof, may get a patent. The way to get a patent or sue someone who wants to claim ownership over your product is very specific and depends on the case. In such cases, you mainly need an attorney to handle the issue legally.

Patent attorney

He/she is an individual who has the necessary qualification and rights to represent you as a client to get a patent of your unique work. The patent attorney acts based on the patent law rules and regulations.

Patent attorneys fall into 2 categories; the ones who deal with patent applications and the others who deal with patent infringement. If you have a unique product/process to get a patent for, you should apply to patent application attorney, or also otherwise known as a patent prosecutor. He/she will do all the paperwork and apply for your patent on your behalf. What refers to patent infringement attorney, you should ask for support. If there is someone who uses reinvented your product as his/her own and gets profit out of it without your awareness.


Every attorney doesn’t have right to file a patent. For even a provisional patent application, the attorney must pass a corresponding test and get registered in the patent office. According to widely accepted patent law, patent attorneys are programmers, scientists, engineers or technicians. They went to the law school and passed both state bar exam and patent bar exam.

For example, if your work deals with an invention in telecommunications, you need a lawyer who is experienced in that field. He/she must know how to write a cell phone company’s patent, and through the application of the law, get your patent. Though to hire a patent attorney you need a little bit more money, nevertheless he/she worth it.

It is not a must to hire a patent attorney

If you are an inventor of a unique product and/or service, it is not an obligation to hire an attorney to get a patent. You can submit a patent on your own. But if we look from the other angle, it is not legally safe. Even if you know the nature of your product better than anybody else, there are other technical details which can be only provided with the help of a patent attorney.

A provisional not regular patent application is an easy task. You can do it alone. It is a 10-page informal document. The attached drawings can be informal too.

Even if you take a risk and write your patent yourself, don’t hesitate to ask for an attorney to look it through. Believe, there will be changes to make by a professional.

Find your attorney

When you look for a patent attorney, the first tool to use is the online one. Google any issued and pending patent in the patent office. The list of the patent applications which the attorney wrote is available as well. While searching for an attorney, find those who have written patents in the technical field of your invention. After finding the attorney, make a call. To know whether the attorney understands your case or not, ask questions. If you are an expert of your work, he/she must be an expert of your patent.

More about USA patent attorney

If you come across with a patent agent, don’t get confused. Actually, both patent agent and attorney have the same license to represent their clients. They can prepare, file and submit applications. But be careful with the jurisdiction of your state. Even if these two terms are somehow synonymous, there may be cases when he/she should have a qualification for a lawyer to act as a patent attorney, not an agent. Agents can not prosecute patent infringement.

If you are the owner of a unique work and/or product, let the world know about it. Don’t let others steal your invention. Just patent it based on the law and enjoy the benefits!

Armen Margarian

Armen Margarian is an attorney with The Margarian Law Firm.

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