Who's Defending Your Patent Rights? The Active Role of a Patent Lawyer, What Do They Do

By Annie Stephan Dec 13, 2023 11:28 PM EST

(Photo : Freepik/rawpixel.com)

Featuring as an indispensable part of your team, the patent attorney springs into action the moment an invention concept sparks in your mind. Trained to the hilt and well-versed in the inner workings of the patent system, a patent attorney walks you through documenting, drafting, applying for, and finally clinching your patent. But their role continues beyond there.

The patent attorney continues his valuable service by defending your patent against infringement. Not only this, but they also oversee proper licensing, sales, and maintenance of your patent throughout the term of its grant.

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The Magic in Patent Application Drafting

The task that most likely jumps to mind when considering a patent attorney is patent application drafting. There's indeed a strong reason behind this. The patent application phase is incredibly challenging. Every word in your application or patent claims is important because even one wrong word can alter your patent's outlook.

They have extensive knowledge of the law and the patent system, and patent attorneys craft applications daily. They work closely with inventors and patent examiners. They are adept at maneuvering through the patent office bureaucracy and keeping pace with the case law, which dictates how patent applications must be drafted and patents interpreted.

This heads-up knowledge equips them to take up the tasks of drafting and negotiating, freeing the inventor to focus on technology development and marketing their products.

Combatting the Patent Office Bureaucracy for You

A key role a patent attorney plays is dealing directly with the patent office on your behalf. The patent office, with its army of patent examiners, is constantly looking for flaws in your application and patent claims.

A patent attorney with extensive training and experience in patent law handles the challenging patent office system and patiently follows up on your application through years of back-and-forth communication between applicant and examiner.

Nurturing Your Business and Safeguarding Your Intellectual Property

Patent attorneys frequently interact with inventors across various technical fields. They guide you in enhancing your patent's strength and deriving maximum benefits from your invention. They can answer your queries, whether you're seeking to develop your products, license your patent as soon as possible, or sell your patent.

Patent attorneys also anticipate future market needs. With this foresight, they can draft increasingly valuable claims as your invention finds new applications in the future market.

Are You in a Job? Anywhere?

If you are an employee, chances are your employer has legal rights over the intellectual property you develop on the job. Patent attorneys ensure you follow the correct legal steps, properly document your work, and get any necessary approvals from your employer.

Your Marital Status and Your Patent's Ownership

It might surprise you, but it's essential to consider how your patent will be owned if you are married and subsequently divorced. Like other assets, the patent may be deemed a marital asset, regardless of the spouse's involvement in the invention.

The Battle Against Patent Infringement

Once your patent is granted, it must be safeguarded against infringement. At this juncture, your patent attorney comes to the forefront, defending your rights and taking strict action, such as filing lawsuits, if necessary.

Conclusion

A patent attorney is a crucial player in your team- irrespective of whether you're a local inventor or a biopharmaceutical developer. Their knowledge and experience, honed over countless years, help you at every step of your patient's life. So, don't merely dream of a patent. Take professional action. Consider seeking legal help from seasoned attorneys; they will guide you in the patent process and defend your idea. Make that call today.