Protecting your intellectual property can be crucial if you’re an inventor or a business owner with unique product or idea. In the complex world of patents, having the right patent law attorney can make all the difference between securing your innovation and leaving it vulnerable to infringement.
Whether you’re applying for a patent or facing patent litigation, knowing how to choose the right legal expert can be essential. Here are things to consider when selecting a patent lawyer and how Schell IP can help.
Understand the Importance of Specialization
Patent law is a specialized field that requires special legal expertise. Patent attorneys must have a degree in science or engineering, and a law degree.
Then, patent law attorneys must pass a federal exam called the “patent bar exam” which allows them to represent clients before the United States Patent and Trademark Office (USPTO). Like all attorneys, they also must pass the state bar exam. Finally, once they pass the exams, they must be registered and licensed with the USPTO.
It’s important to note that only patent attorneys can practice patent law, so not every attorney can file a patent application or prosecute a patent. The Schell IP team features a USPTO-licensed patent attorney team with a background in biomedical engineering.
Technical Background
A patent attorney with a background in engineering, science, or in the specific field of your invention can be incredibly beneficial. Not only do patent attorneys need a technical background to qualify to sit for the patent bar exam, this background also enables them to understand the nuances of your invention and draft a more robust patent application.
You should feel confident that your patent attorney is experienced and competent in your field. They will need this expertise to write a comprehensive application for your patent, including explaining how it differs from similar inventions (if applicable). They will also need to be able to create patent drawings or properly brief patent drawings for patent illustrators and drafters.
Specialized Legal Experience
Apart from technical expertise, the attorney’s experience in patent law is, of course, critical to take into consideration. They should have a track record of handling patent applications, litigation, and other intellectual property issues relevant to your needs.
Schell IP boasts an experienced patent law team that has represented hundreds of clients on thousands of matters related to intellectual property, product development, litigation, venture formation, and mergers and acquisitions.
Assess Their Track Record and Reputation
Success Rate
Inquire about the attorney’s success rate with patent applications and, if relevant, patent litigation. A history of successful outcomes is a good indicator of their ability to handle your case effectively.
Schell IP has successfully allowed or acquired hundreds of patents and has facilitated the raise of over $50 million for clients.
Testimonials and References
Request testimonials from past clients or ask for references you can contact. Hearing from others who have worked with the attorney can provide valuable insights into their work ethic and success.
Investigate Their Approach to Patent Strategy
Comprehensive Patent Searches
A thorough patent lawyer will conduct comprehensive patent searches to ensure your invention isn’t infringing on existing patents and is novel enough to qualify for a patent. They should understand your invention deeply enough to compare and contrast it with existing patents or inventions.
Strategic Counseling
A skilled patent attorney should provide strategic advice on protecting your intellectual property beyond just filing for a patent. This includes advising on trade secrets, licensing agreements, and other forms of IP protection. A skilled patent attorney should also be able to understand and provide guidance for the specific nuances associated with your required business structure.
If you lead a going business or startup, you should also look for a patent attorney with experience in leveraging patents or IP as business assets. They should be able to help you understand how to position your IP in a way that can benefit you as you look into fundraising, mergers, or acquisitions. Schell IP uniquely has experience positioning IP assets for maximal valuation in association with fundraising efforts, successfully facilitating tens of millions in funding raised by clients.
Take Action: Schedule Consultations
Once you’ve done your research and narrowed down your options, the next step is to schedule consultations with potential attorneys. This gives you the opportunity to ask questions, discuss your invention in detail, and get a feel for their approach and compatibility with your needs.
You can book a free consultation with the team at Schell IP.
Final Thoughts
Choosing the right patent law attorney is a significant decision that can have a lasting impact on your innovation and business. By following these tips and doing thorough research, you can find a legal partner who will help you protect and maximize the value of your intellectual property.
