If you have an idea that requires a patent, you should consider consulting with a patent lawyer.
There are many things a patent lawyer can do, such as advise you on the process for obtaining your patent and help you protect it against infringement.
What Is a Patent?
Patents can be used to protect any number of ideas and inventions, including:
- A formula;
- A process or method;
- A tool or product;
- An engineered plant; or
- A machine.
To be patentable, the invention must be original and nonobvious. Patents last from 15 to 20 years, depending on the type of patent.
Do You Need a Lawyer to File a Patent Application?
You can file a patent application on your own, but it is always a good idea to have a lawyer help you.
When you write a patent application, you need to make sure your idea meets all the qualifications for a patent and that you describe it clearly enough to adequately protect it.
For example, you need to:
- Determine which type of patent application to file and whether you need multiple patent applications;
- Determine whether you need to file a provisional patent application while you prepare your regular application;
- Explain how the invention works;
- Demonstrate that the invention is new;
- Explain how the invention will be used and why it is useful; and
- Explain each part of the invention in detail.
If you don’t prepare your application correctly, the patent office may reject it. Or even worse, the patent may not adequately protect your idea.
Even if you want to do some of the initial draftings on your own, you should have an experienced patent lawyer review your application before you submit it.
They can point out anything that might be missing or need more explanation.
What Does a Patent Lawyer Do?
A patent lawyer can help you with anything related to your patent, including obtaining the patent, licensing your invention, and protecting your patent from infringement.
Obtaining a Patent
As discussed above, a patent lawyer can draft or review your patent application and help you get your patent approved. Having a lawyer?s assistance as you apply for your patent can help speed along the process and ensure that your patent is adequately protected.
Licensing
In many cases, the person who creates an invention is not necessarily the person in the best position to manufacture, market, or sell it. Often, you will need to license your patent to actually earn money from it.
There are many potential benefits of licensing your patent including:
- Getting your product to market more quickly;
- Limiting your liability;
- Not having to devote your own resources to manufacturing the product;
- Potentially having a more established name behind your product; and
- The ability to more easily enter foreign markets.
There are many options when it comes to licensing your patent. A patent attorney can advise you on the type of license that makes the most sense for your patent. They can also help you negotiate the license with prospective licensees so you can get more favorable terms.
Some things you may discuss with your attorney include:
- Whether you want to grant someone an exclusive license or license the patent to multiple parties;
- Whether your licensee will have the right to grant sublicenses to others and under what terms;
- How you will be paid;
- How long the license will last; and
- What actions the licensee needs to take to maintain the license.
Patent licenses are complex contracts. They include many detailed provisions that help define and protect your rights and those of the licensee.
You do not want to sign a license agreement without consulting with an attorney. You deserve appropriate compensation for your ingenuity and creativity. An attorney can help protect your interests and see that the agreement appropriately values your patent.
Infringement
A patent gives you the right to prevent others from using, making, or selling your invention. Nevertheless, there are always those who try to profit from the hard work of other people.
If someone else infringes on your patent, it can drastically affect your ability to make money from your invention. However, you have the right to take legal action against patent infringers.
If you believe someone has infringed on your patent, you should talk to a patent attorney right away. The longer the infringement continues, the more you stand to lose.
Your attorney will likely start by sending a letter to the other party to insist that they stop infringing on your patent. If they refuse, then your attorney will file a complaint in court. They will also likely request a preliminary injunction that will require the other person to stop what they are doing until the matter can be resolved.
Because time is of the essence and there may be a lot of money at stake, it is important to have an experienced patent litigator help you with this process.
What Can a Patent Attorney at Polasek Law Do For You?
John (Ted) Polasek has been practicing patent law for 25 years. His practice focuses on licensing patents and litigating patent infringement cases. Ted is committed to providing personalized service for each of his clients. This includes flexible fee arrangements that take the needs of individual clients into account. Ted offers a free consultation to discuss your patent-related questions. Contact our firm to schedule your consultation today.
Ted Polasek
Ted was a founding partner of Polasek, Quisenberry & Errington, L.L.P. (PQE), a firm that represented patent owners and companies accused of patent infringement. For nearly 25 years, Ted’s core practice has been litigating patent infringement cases, for hourly and clients on a contingent fee or other result-oriented basis. Ted attended the South Texas College of Law and graduated cum laude with his Juris Doctorate in 1990 and received a B.S. in Chemical Engineering from the University of Texas.
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