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Anyone Can Get A Patent

By Brett Trout, Esq.

Well, almost anyone.
As Duncan Bucknell, of the IP Think Tank Blog puts it "You can (almost) always get a granted patent - but what's it really worth." If your patent attorney drafts a bad patent application, fails to fight on your behalf, or the prior art and/or patent examiner are stacked against you, you might still end up with a patent. The patent, however, will likely be so narrow, that your competitors can easily get around it without infringing.

The Best Patent Lawyer in the World
To increase your odds of obtaining a broad patent - one that keeps your competitors at bay - investigate your patent attorney. You probably do not need, and likely can not afford, the best patent lawyer in the world, but you can find a skilled patent lawyer with the ability to get you the maximum protection your invention deserves.

Ask around.
Find people who have actually used a particular patent attorney. Most importantly, meet with multiple attorneys, ask them how many patents they have drafted, whether they have worked on similar inventions in the past and ask to see examples of some patents they have drafted. While you might not be able to analyze the breadth of the patents yourself, you should be able to get a good feel for the attorney himself or herself.

The Relationship
If you move forward with a patent, you are likely going to be working with this patent attorney for at least the next two years. Talk to several patent lawyers. Who do you feel most comfortable working with? Who answers your questions most thoroughly? Who has the most experience? Who is the most knowledgeable? Most importantly - Who do you trust?

Brett Trout

patent inventor patent lawyer

Full post as published by Blawg IT on December 12, 2007 (boomark / email).