How can you be sure you’re working with a trustworthy patent attorney?
With over 20 patents granted in my name and even having taken on the largest toy company in the world in San Francisco federal court, I’ve realized how important is it to file for intellectual property. Another crucial thing is to determine that you are working with a trustworthy patent attorney.
I have experienced this that’s why I want to share with you business perspective advice on finding a trustworthy patent attorney.
Please note that I am not a patent attorney and can’t provide any legal advice. But I can offer you some practical insights based on my personal experience and point of view.
Trust me, not all patent attorneys are reliable. So, let’s dive in and explore a few red flags you should watch out for when selecting a patent attorney to work with on your innovative ideas.
Is A Patent Attorney Is Trustworthy: How Do You Know?
#1: Running Ads
Successful patent attorneys typically do not need to run advertisements. Most of their business comes through referrals because they consistently deliver quality service. Advertising can be expensive, and ultimately, it is you who foots the bill for the marketing costs. Thus, your patent attorney is trustworthy if he relies on word-of-mouth recommendations.
#2: Selling Fear
Be cautious of patent attorneys who try to instill fear by emphasizing the urgency of filing a patent before someone else beats you to it. While there can be legitimate reasons for prompt action, a patent attorney who solely capitalizes on fear is a red flag.
A patent attorney is trustworthy if he provides you with a balanced and rational assessment of the situation, and focuses on your best interests rather than exploiting your concerns.
#3: Disregarding Provisional Patent Applications
It’s a red sign if your patent attorney opposes the use of provisional patent applications and insists on filing a non-provisional application immediately away. Provisional patent applications are extremely useful to inventors, particularly in the early phases of the process.
They allow you to explore your invention further before committing to a non-provisional application, which is more expensive and requires comprehensive knowledge. While there may be situations, such as startups needing intellectual property for fundraising, where skipping provisional applications makes sense, this approach is not typically advisable for most inventors.
In my opinion, disregarding provisional patent applications is unwise. Filing too early without a provisional patent application could lead to the need for additional filings due to incomplete information. By utilizing provisional patent applications, you can file multiple iterations within a year and consolidate them before the deadline.
#4: Neglecting a Worldwide Patent Search
Performing a worldwide patent search is highly important and recommended. Identifying prior art and potential obstacles can help you navigate any challenges, such as office actions at the United States Patent and Trademark Office (USPTO).
Further, knowing the existing patents in your field enables you to redesign, tweak your invention, or even reconsider filing altogether. It is advisable to seek an independent third party to conduct the patent search to avoid conflicts of interest. Patent attorneys who handle the search themselves may have a biased perspective.
Final Thoughts
It is crucial to understand that not all patent attorneys are equal. I must recommend conducting thorough research, including checking their track record, before making a decision. Seeking referrals from past clients is always a wise move. Keep in mind that the patent application process can be expensive and time-consuming, so finding a patent attorney who genuinely has your best interests at heart is paramount. Make sure to inquire about the total cost, including fees for filing, drafting, and potential office actions.
