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Applying for a patent ? know why you need an expert lawyer for it

February 18th, 2012

Obtaining a patent for a unique concept or a new invention from the US Patent and Trademark Office (USPTO) is a lengthy and daunting process. It becomes all the more difficult if you do not appoint an professional patent lawyer to deal with the case. But just before you hire the services of such a expert you need to have clear concept about what tasks are accomplished by the legal professional.

The first stage of interaction between the inventor and the lawyer is all about understanding the minutest detail of the invention. The patent attorney needs to have a clear notion about all aspects of the invention in order to recognize how to go about the application process. This is why the presence of technical knowledge is of utmost significance in these professionals.

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Any professional lawyer would be able to conduct a thorough search to assess whether there are any comparable inventions that have already been patented. This is needed to total beforehand as your patent application is certain to be rejected if some thing similar has already been invented and patented. This would also mean a massive waste of time and money on the part of the inventor.

In case an invention really comparable to yours has already been patented, an professional lawyer could advice you about a certain aspect that you could patent. Moreover his or her assistance is also required to figure out what related points you want to have patent for. Obtaining exclusive rights on the invention isn’t usually sufficient. In most cases you also want to apply for a patent on the procedure in which the invention was produced.

Drafting the patent application is also some thing that the Dallas patent lawyer specializes at. This application has a number of points to cover, such as,

•    Details of the prior inventions that fall inside the exact same category
•    Details of the new invention and how it differs from the other people
•    Details of how the invention would be used
•    Details of the ‘claims’

It is the ‘claims’ that support you safeguard your invention from unauthorized imitation. This is why it is necessary that these are drafted effectively.

The draft of the application is checked for any errors and omissions and if any such factor is found it is rectified instantly by the lawyer. The application is then submitted to the USPTO for approval. You can commence marketing and advertising the invention after filing the application but only under the label of ‘patent pending’. A patent could take a few months to a year or far more to be approved.

In case the patent application is rejected and the details of why it happened are specified, you can ask your lawyer to rectify these and resubmit. If the examiner finds it alright he can approve it, or he may ask your lawyer to discuss the matter. You may possibly also opt for filing a complaint that the rejection wasn’t rightfully carried out.

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