What patent attorneys do?
Most inventors are usually at a loss when it comes to understanding what exactly a patent attorney does and how they can benefit from the expertise offered. A distinction has to be made that will carve out the roles a patent attorney is required to play since it is through this determination that every inventor will get ahead and form lasting partnerships with their respective patent attorneys. The roles of a patent attorney are dependent on the specialization taken and at pandapatent.com, more is shared on the specialization and how it affects the service you are targeting from a patent attorney. So, what exactly does a patent attorney do?
Patent licensing
The first and pronounced task a patent attorney does is patent licensing. The role of a patent attorney in this case is to draft the contracts and capture cross-licensing mediums to ensure the rights and interests of the holder of the patent are protected. A patent attorney is also charged with drafting the sales contracts that licensees have to abide by.
Protect IP
The top most role a patent attorney is required to play is protection of intellectual property. Protecting IP is a crucial role since it is what underlines the benefit of having a patent in the first place. A patent attorney must follow through with protection of IP to the extent that the rights and benefits of a patent owner are covered.
Consultation
A patent attorney is required to handle consultations on all matters patent law. From trademarks, patents, copyrights, trade secrets to confidential details of an idea; a patent attorney is the professional that is best placed to offer consultation on the same and in turn provide detailed feedback.
Analyze rejections by patent offices
Every patent attorney practicing patent law has to be in a position to analyze rejections by patent offices to understand what the issue was. In line with that, they must be in the frame of mind to draft responses including adjusting the necessary information to bring a fresh application to the standard needed.
IP strategy
Developing IP strategy is a practice that can only be handled by the professionals that have the necessary skillset. Patent attorneys are the professionals in a position to draft IP strategy that will result in an inventor getting full benefit of their invention.
IP agreements
What most inventors fail to understand with intellectual assets is that their operation is very delicate. IP agreements are even more delicate as they give the right of use to another person or company and if not well drafted, can result in an inventor being ripped off. A patent attorney therefore plays a crucial role during the sale of IP rights and the licensing deals that look to utilize your patented property.
Structuring royalty deals
When a different brand or entity is utilizing an idea, the inventor has to be paid some royalty. Royalties are paid either for a scheduled time period or in perpetuity. A patent attorney therefore becomes a crucial part of the process since they represent the professional that is best placed to structure the royalty deal that will serve the inventor fully.
Patent preparation
A patent attorney becomes instrumental when it gets to writing and filing of a patent. Their role begins from patent preparation to the capturing of important information including the detailed descriptions of an invention. A patent attorney is also the professional to suggest modifications to a patent application that will give the patent application a better chance at being considered for approval.
Patent prosecution
An effective yet underrated role a patent attorney plays is patent prosecution. The task a patent attorney handles in this setting includes preparation of responses and the coordination of all angles of the case.
Manage global portfolio of Intellectual Assets
A patent attorney is the best when it comes to management of a global portfolio of intellectual assets. Since international laws on patents have to be considered, a patent attorney becomes a worthy asset to have in order to protect your IP globally.
Litigation
Here, a patent attorney is charged with performing legal research including the review of patents which then results in a determination of the way forward. A patent attorney has to get discovery paperwork, write briefs and ensure appropriate motions are captured including conducting and defending depositions.
Infringement analysis
Patent law has plenty of technical considerations which may be hard to internalize for an inventor and this is where a patent attorney comes in to perform infringement analysis and handle portfolio planning. At the same time, a patent attorney is the one best placed to negotiate settlements in case an infringement has been proven.
Send cease and desist letters and notifications
It is only a patent attorney that can discuss inventions, assess viability and even go the extra mile of coordinating the protection of the IP. In addition to that, they are well equipped when it comes to sending the cease and desist notifications including the letters that affirm the same.
Update and renew patents
When it comes to updating and renewing patents, a patent attorney is the biggest asset you can have since they are skilled in drafting and filing the applications in addition to ensuring deadlines are met.