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The patent attorney is an integral part of any new business. They help the inventor get new patents as well as help to keep new projects going.
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Many of us know the importance and benefits of patenting an invention. But, how many of us know the differences between a patent attorney and patent agent exactly? Many of us still think that both attorney and agent are one and the same. In one way, yes! But, there are lot of differences between an attorney and an agent. Today, by going through this article you will know the role of the attorneys and the agents, as well as the differences between them. Patent agent is any person with a technical degree and has passed patent bar examination. Any person meeting both the requirements mentioned above will be granted a license to practice before the Patent and Trademark attorney. Whereas, a patent attorney in addition to the above two qualifications also has a license to practice law in the respective state. So, both the patent attorney as well as the agent has license to file for patent application and prosecution in the Patent office, but a patent agent cannot represent his client in the court. Therefore, a patent attorney is not only capable of filing the application and prosecuting in the Patent office, but he can also provide legal advices and representation outside the patent office.
So, if you are looking for filing a patent application, you can render the services of an attorney or agent, but if you are specifically looking for a legal representation in the court, you need to consult a competent patent attorney. Well, the next question is what should you look for while hiring a patent attorney? Most important factor to look while hiring an attorney is his qualification, experience and competence. When you are looking for filing a patent application, look for an attorney from the same research background as that of your invention. If he is from the same research background, he will know technical details about your invention and he can easily convince the patent examiner. Secondly, look for his experience. An experienced Oak Brook patent attorney is more knowledgeable and he knows about all the loopholes with regard to patent. So, while filing an application, he will definitely cover all the necessary broad claims by anticipating the possible infringement. In this way, you will get more benefitted from your invention. Thirdly, an attorney with high qualification and experience is not enough. He should be competent enough in getting your invention patentable. Last but not the least is the fee of the attorney and his billing terms. In general Attorney's charge the fee in the range of $2000 to $10000 based on the complexity of your invention, time taken for getting approval and their reputation. If you hire a very reputable attorney from a large firm, it is obvious that he will charge you more, whereas an attorney from a small firm will charge you less compared to him. Furthermore, attorney's fee will also depend on the complexity of your invention. In general, for those inventions falling under the utility category will be more time consuming, hence the attorney may charge you more than those inventions falling under design category. Also, don't forget to ask the attorney, if he charges any "out-of-pocket" expenses. This includes filing fee, money spent for Xerox or other stationary items or legal assistant's fee etc. If you are satisfied with all the above factors, fix up an appointment with him and meet him personally. Ask him if you have any doubts regarding the patent process or on his professional life. If you are completely satisfied with everything, go ahead and hire him. Related Link : Patent Attorney