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Patent Law

: Patently Obvious

Patently-O Bits and Bytes No. 320: LegalZoom

By Dennis Crouch, Esq.

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  • Today, the Antitrust & Competition Policy Blog is hosting a ?Competition in Agriculture Blog Symposium.? Much of the focus will be on the interplay between antitrust and patent law in the world of genetically modified seeds.
  • LegalZoom has brought low-cost legal forms and legal filings to the masses.
  • LegalZoom offers a ?provisional patent package? for $199. I have not tried their service, but the advertising indicates that the inventor completes a ?simple online questionnaire? and LegalZoom then ?create[s] your Provisional Application for Patent and file[s] it electronically with the U.S. Patent Office.? An extra $329 buys Attorney Review and Preparation.? Perhaps the most misleading aspect of their promotions is the discussion of ?provisional patents.? Of course, there is no such thing as a provisional patent.

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  • LegalZoom also offers to prepare a utility patent application (up to four pages of specification and ten claims) for $3788 and a design patent for $899. In both cases, legal zoom relies on ?expert patent professionals? to provide ?expert review, advice and suggestions for improvement.? At the same time, LegalZoom makes clear (repeatedly) that LegalZoom is not acting as your attorney.
  • In the past, Gene Quinn has written about LegalZoom alleging their unauthorized practice of law in both trademarks [here] and patents. Recently, LegalZoom has been sued in Missouri for engaging in the unauthorized practice of law. That case, however is based upon LegalZoom?s preparation of a ?customized last will and testament.?
  • I would be interested in hearing comments regarding LegalZoom?s approach. Do any Patently-O readers work as patent attorneys for LegalZoom?

Full post as published by Patently Obvious on February 10, 2010 (boomark / email).

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