A patent attorney is a person who has the requisite qualification and experience necessary for representing his or her clients in acquiring patents and act on their behalf in all matters and procedures that are related to patent laws and practices of a particular country such as filing an opposition. It is important to note that the term patent attorney is used differently from one country to another. Thus an individual who is patent attorney from one country may not require the same legal qualification as the one from another country. In some jurisdiction, the term patent attorney is used interchangeably with patent lawyer.
The importance of a patent attorney cannot be gainsaid but they can be expounded to their minutest benefits accrued by the client in protecting their innovation. For innovators, whether an individual inventor, large or small companies, they all need to protect their intellectual property from opportunistic individuals or other companies who may want to monetarily benefit from their inventions or ideas that they have not labored to generate.
For inventions or ideas that have market value in terms of monetary gains protecting, the most profitable action one can do without proper protection of these inventions or ideas, the competitors are likely to copy them and profit from them at the expense of the original individual owners or the company that owns them. Thus, the service of a patent attorney comes in handy in such situations.
The patent laws in many countries around the world have been developed and enacted with a sole aim of protecting and providing the inventors with exclusive rights to manufacture and sell their innovations for twenty years or more depending on their jurisdiction. Many inventors across the globe are constantly faced with the dilemma of whether to hire a professional to pursue protection of their intellectual property or whether to file patent applications on their own.
However, apart from the cost of hiring, it is important for an inventor to consider other roles in prosecuting the patent application and representing him or her before the patent office before making a decision whether to file the patent application without involving the patent attorney. The inventor should understand that the work is not limited to acquiring a patent for the inventors but also they ensure that the inventors have the strongest protection available in law for their invention.
The patent attorney summons their vast experience acquired for many years in patent prosecution drafting the patent application since the work of drafting the application is much of an art as well as a science. He is able to create a patent application that protects all the variations of the inventor’s inventions. At the same breath, the patent attorney delineates carefully the indicator and bounds of the patent in order to ensure that the patent office is considered the invention patentable over other inventions or technologies that came before it.
The way a patent attorney drafts a patent application may have major consequence in the long run on the inventor’s profitability and the validity of his or her patent. He needs to be familiar with the patent prosecution process, the fine details of the patent laws and the available guidelines concerning patenting. All the aforementioned factors are crucial if he or she is ever going to secure a client and a strong and valid patent. In case of patent rejection, an experienced patent attorney knows how to get around the matter while at the same time protecting his or her client’s innovations.