Posts Tagged: "Patent Agents"

The Top 10 Things New Patent Practitioners Should Know

One of the most common questions I receive from these individuals is this: “Once I pass the patent bar exam, how do I learn to actually start practicing?” Like so many things in life, there is no substitute for experience. Over the years I’ve advised many in various settings, and invariably as I speak with one person there will be others who begin eavesdropping. As a result, I thought I would put together a top 10 list of things that new patent practitioners should know as they prepare to embark on a career as a patent practitioner.

Patent Practice 101: Representation Agreements and Client Trust Accounts

Like so many things in life, experience is the best teacher, but finding a job without some experience can be extremely difficult. For that reason many times new patent practitioners, whether patent attorneys or patent agents, will decide to start a practice and begin representing clients. While there are many important aspects to starting a firm and representing clients, two critical pieces are signing up clients and holding unearned client money in appropriate client trust accounts prior to funds becoming earned.

What Patent Attorneys, Patent Agents and Law Firms Need to Know about Client Communications

Recently, however, the USPTO and the Federal Circuit have both clarified that a patent agent’s communications related to his or her authorized practice are protected in the same manner as attorney client communications, such as those by patent attorneys… Further, state courts are not bound by USPTO rules or Federal Circuit law. Accordingly, to the extent a patent agent’s communications regarding his or her authorized practice are at issue in a state court proceeding that can’t be removed to a federal jurisdiction, the communications may not have the same protection as that provided in a federal court or AIA proceeding. Although the circumstances under which communications between a patent agent and a client would be discoverable in litigation in state court are limited, the potential admissibility in various states leaves a gap in the potential privilege.

5 Tips for Inventors: Meeting with a Patent Attorney

The point here is you need to be mindful that patent practitioners are frequently on guard when dealing with independent inventors. As with virtually everything in all walks of life, the more you know in advance the better prepared you can be… The patent attorney or patent agent you hire is there to represent you. They are not the inventor, and they need your assistance. If you really have an invention you know the invention better than anyone. Cooperation is critical. Communication is critical. The opportunity to establish a working relationship starts with the first meeting or contact, hence the need to be prepared.

Why Patent Attorneys Don’t Work on Contingency

The first thing to understand is that there is no such thing as contingency representation for purpose of preparing, filing and ultimately obtaining a patent. Patent attorneys and patent agents simply do not take contingency clients when the matter is patent procurement… Most inventors hate hearing this, but inventing is the easiest part of the entire process. This seemingly outrageous statement is perfectly accurate because inventing is the only part of the process that can be completely controlled. Once the invention is complete control shifts away from the inventor to others, like patent examiners and consumers, market forces take effect and even good inventions wind up being commercial failures.