7 Indicators That You’ve Hired the Right Patent Attorney

Patents affect every innovative industry worldwide, from technology to life-saving medicines. Patent lawyers are very vital in preventing the theft of your intellectual property.

As an inventor, you’ll likely need to hire a patent attorney to protect your new idea. This is because they not only help to safeguard your product or idea but also help you research your business aims and goals.

Of course, some patent attorneys differ from one another. Some are better and more experienced than others. You must hire a patent lawyer that focuses on your business goals and puts your interests first.

So read on for indicators that show you’ve hired the right patent attorney.

What is a patent attorney?

Before we get into signs that you’ve hired the right patent attorney, let’s go over what it is.

A patent attorney is a professional who is qualified to represent clients in obtaining patents and performing other intellectual property-related legal services. In order to become a patent attorney, an individual must first obtain a law degree and pass the bar exam.

After becoming a licensed attorney, the individual must then complete an additional two years of schooling in patent law and pass a separate bar exam for patent attorneys.

Patent attorneys are responsible for helping their clients obtain patents from the U.S. Patent and Trademark Office (USPTO). They also provide other legal services related to intellectual property, such as trademark registration and copyright protection. A client who lives in Texas, for example, may benefit from a patent attorney Houston has to offer to defend their IP.

Patent attorneys typically work for law firms or corporations that specialize in intellectual property law. Some patent attorneys also work as solo practitioners.

If you are considering seeking legal protection for your invention or other intellectual property, you should consider hiring a patent attorney. A qualified patent attorney can help you navigate the complex process of obtaining a patent and can provide other valuable services related to intellectual property law.

Signs you’ve hired the right patent attorney

That said, if you’ve already hired an attorney, here are some indicators that you’ve chosen the right one.

They’re interested in your business goals

If you’ve invented a new business idea and intend to patent it, you’d need a lawyer to help bring this to fruition. Your chosen attorney should listen to your needs. They should then use that information to accomplish your business aims.

They assist you in discovering whether your idea already exists

For your invention to be patented, it has to be new. The right attorney will perform a search to ensure that your invention doesn’t already exist and is unique. For this reason, finding an attorney that can conduct market research is essential.

Finding out the details of other similar inventions lets your attorney know if you should continue with your intellectual property. You may also be able to redesign, refine, and improve the first invention from the market search.

They know the correct patent application for your business idea

The right attorney can tell you the best patent application for your business invention. Knowing whether you should go with a provisional or a non-provisional patent application is essential.

A provisional patent application gives you temporary patent status, making it faster and cheaper. It provides your invention with pending status for about one year. The right attorney should be able to inform you of these things and let you know the best application for your invention and individual situation.

They have a reliable success rate

There are many patent attorneys, and most of them work within industry standards. Getting an attorney with a high success rate can be pretty scarce.

Some of the best-performing lawyers usually cost less when you consider their yield. In certain niche industries, it’s common to see attorneys with significantly high allowance rates, but less back and forth with the USPTO.

Success rate becomes very vital. You might assume that every patent lawyer has the same success rate. This is usually far from the truth. Being that success rate is one of the most critical factors in hiring the right attorney, you should find one with a good record of successful cases.

They give you the total cost of acquiring a patent for your idea and beyond, not just the application cost

Many times, inventors think that the first cost of the patent application is the total cost they pay for the application process, but they might be later surprised. Patent drafting is only one of the costs associated with filing for a patent.

During the process, your patent attorney may have to perform negotiations with the examiner. You should know that these negotiations are part of the additional costs. There are also other costs like maintenance and issue fees. So your lawyer should inform you of all of these costs upfront.

They are a skilled advocate in the argument phase

There are a lot of patent applications that remain for a long time in the examination stage. Some patents take time, while others are quickly approved.

The speed at which a patent is approved depends on several factors, like the complexity of your innovation, your patent draft quality, your innovation scope, and your attorney’s advocacy skill. Nonetheless, the most crucial factor is the skill level of your attorney.

Skill level determines the rate at which you can get your patent, and most top counsels usually average a single round of argument before getting a patent allowance.

A professional and experienced lawyer can give you an estimate of the rounds or arguments it will take to get your patent allowance. They will also ensure your patent is in suitable condition for allowance in the estimated rounds.

They negotiate on your behalf with the examiner

It can be time-consuming and expensive to respond to office actions. This is why the best option for getting your patent approved early is to have your patent lawyer negotiate with the patent examiner on their objections. A good attorney will speak one-on-one with the examiner to ensure it doesn’t drag on.

During the interview, your attorney would ideally take care of any opinion differences and misunderstandings and propose a way forward. An excellent patent lawyer is patient, calm, and can negotiate in your place.

The best attorneys protect your interests

It’s of utmost priority to protect your intellectual property. However, most inventors or entrepreneurs can be busy with other things regarding their business, and learning the complexities of the US patent law may not be their priority.

This is why you should consider hiring the right attorney to safeguard your patent. The right patent attorney ensures that your intellectual property will be protected. Additionally, they can also help in cases of infringement.


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