Do You Need A Patent Attorney To File A Patent?

If you have a unique idea, and you’ve taken the time, effort, and money to see it through, it only makes sense that you would want to protect it.

Copyright laws are complicated, but they are there to help protect intellectual property and safeguard them from piracy. There are tons of horror stories out there about inventors or aspiring entrepreneurs who have had the rug pulled out from underneath them because they did not protect themselves well enough against thievery. Until it is set in “legal stone,” any idea can be easily stolen by immoral individuals or entities who would rather take full credit for an invention without giving the original creator credit or money in return.

The best way to prevent this from happening is to apply for a patent and have a lawyer help you throughout the process. While filing a patent seems like a straightforward process, one that you could do on your own, it is imperative that you get an attorney to lead the way. The following are a few compelling reasons why you should consider doing so.

What Makes a Patent Lawyer Special?

Attorneys specializing in filing patents come from fairly diverse educational and professional backgrounds. Some may have originally studied to be computer programmers, scientists, engineers, or even technicians. They would have definitely had enough expertise in the particular field you have made inroads, and in fact, the patent lawyer needs to take and pass a test to become registered with the patent office. 

A patent lawyer will be responsible for writing patents, and will often specialize in different subfields for which they have gathered enough verifiable expertise, thus enabling them to do the legwork necessary to compose detailed arguments vouching for the originality of a specific idea or invention. They will understand the technical terminology, as well as have studied the history of the discipline, thus knowing how to present the information within the legal framework of patents, thus explaining the ingenuity. It’s the kind of work that is difficult for just any lawyer to produce.

They Can Write the Patent for You

Yes, you can always submit the patent yourself, but it may not be the best way to go about doing this. Patents are incredibly complicated, and while you may be well versed in the topics related to your invention, this does not necessarily denote an ability to produce a patent. As the legal experts at explain, you have to explain the technical details of your invention while showing that it is worth a lot of money. Furthermore, patent law is incredibly technical, legally speaking, so even if you feel that your invention is rather simple, describing it and putting it into a patent is not as easy as you might think. 

There may also be a lot of holes left in the legal code, and the only way to remedy this is by ensuring that a lawyer drafts it for you. Even if you manage to file the patent yourself, you could easily miss a key detail that would ultimately compromise the fate of your prized work and your ownership of it. That is why it is best to not leave anything to chance and seek the assistance of a specialized lawyer.

They Can Guide You to an Alternative Path

If you do not have the immediate funds to pay for the assistance of a lawyer, you can take another approach. For one, you can draft the patent yourself and then request a patent lawyer to review it for you and ensure that it is sound.

Second, you write and submit a provisional patent application, which is a good band-aid since it helps by giving you a one year window during which you can acquire a formal patent. Perhaps during that time, you will have been able to raise the necessary funds to hire a lawyer who will draft a pristine application for you. This is especially helpful considering that you can secure the first round of seed funding or investment before being able to call a lawyer who will draft the application for you. In all cases, you will need a lawyer, regardless. 

To find a patent lawyer to help you through the process, you can simply go through the directories listing legal representatives in the specific field in which you are adding your innovation. Get a consultation, and ensure that they fully understand your idea and the breadth of your concerns. Remember, only the proper legal representation will provide you with the information you need to protect your idea.

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