For startups and entrepreneurs, innovation is at the heart of their business. Protecting these innovations through patents is crucial—not just to safeguard intellectual property but to gain a competitive advantage in the marketplace. Whether you’re launching a groundbreaking tech product or creating a unique piece of hardware, a good patent attorney can help secure the rights to your invention. But how do you find the right one?
This guide will explain the key qualifications, skills, and qualities that make a patent attorney invaluable. You will also understand how to choose the right legal partner to protect your intellectual property.
Qualifications of a Good Patent Attorney
When searching for a patent attorney, the first thing to consider is their qualifications. Not all lawyers are equipped to handle intellectual property law, and patents have their own complexities.
Educational Background and Licensing
A patent attorney must hold a law degree and be licensed to practice in their respective jurisdiction. They are also required to pass the Patent Bar Exam, which allows them to represent clients before the United States Patent and Trademark Office (USPTO). Many patent attorneys also have a technical or scientific background—such as a degree in engineering, biology, or computer science—since patents often involve complex technologies.
Specialization in Intellectual Property Law
While any licensed attorney can technically file a patent, you’ll want someone specializing in intellectual property (IP) law. The nuances of IP law require expertise that goes beyond general legal practice. A patent attorney with a focus on IP will not only know the law but will also keep up with recent changes, such as shifts in patenting trends and updates to USPTO guidelines.
Experience with Startups and Entrepreneurs
Startups face different challenges than established corporations. A patent attorney with extensive experience working with startups understands these challenges—from limited funding to the need for fast-paced development—and can tailor their strategies to your needs. Look for someone who has helped other startup founders successfully file patents and protect their intellectual property.
Understanding of the Inventor’s Industry and Technology
Patent law can’t be approached with a one-size-fits-all mentality. Industries vary widely in the types of innovations they produce, and a reasonable attorney will know the specific requirements that apply to your field.
Why Industry Expertise Matters
Attorneys with various technical backgrounds allow patent attorneys to create stronger applications by highlighting the unique aspects of your invention. For instance, filing a patent for a pharmaceutical formula differs vastly from filing a patent for a mechanical tool.
An attorney who understands your industry will also identify potential infringement issues or competitors’ patents that could pose obstacles.
Success Stories in Industry-Specific Cases
Consider a startup developing AI-driven healthcare solutions. Partnering with a patent attorney who understands information technology and medical regulations could mean the difference between a successful patent application and one that’s denied. Look for examples of attorneys who have worked with startups like yours and provided tailored solutions.
Communication and Accessibility
Your patent attorney should be more than a legal expert; they should also be effective communicators and collaborators.
Clear and Transparent Communication
Legal jargon can be overwhelming for startups and entrepreneurs. A good patent attorney simplifies the process by explaining complex terms and requirements in an easy-to-understand way. They should walk you through every stage of the patent application, from drafting to submission, so you’re never left in the dark about what’s happening.
Accessibility Throughout the Process
Patents don’t happen overnight, and the process can involve multiple revisions and correspondences with legal entities. Having a patent attorney who is accessible and responsive to questions or updates is critical. Look for attorneys who offer regular status updates and can adapt to your communication preferences, via email, video calls, or in-person meetings.
Track Record and Success Rate
When entrusting someone with such an important part of your business, you want evidence of their capability.
What to Look For
An attorney’s track record includes the number of patents filed and approved, the industries they’ve worked in, and their success in dealing with complex patent applications. A higher success rate indicates better drafting and understanding of patent examiners’ requirements.
Ask potential attorneys for testimonials or case studies and research their past work. You can also browse online legal directories and reviews to gain insights into their reputation within the industry.
How to Research Their Credentials
Many attorneys list their achievements and case studies on their websites. Alternatively, you can look up their registration with the USPTO or check professional networking sites like LinkedIn to see their qualifications, client reviews, and peer endorsements.
Legal Fees and Budgeting
Cost plays a significant role in choosing a patent attorney, especially for startups operating on a tight budget.
Understanding Fee Structures
Patent attorneys may charge hourly rates, flat fees, or operate on a hybrid model. Ensure you’re clear on their fee structure upfront. Some attorneys may appear affordable initially but tack on hidden fees later for tasks like consultations or revisions.
Budgeting for Patent Services
Smart budgeting involves understanding the scope of costs involved. These include initial consultations, patent searches, drafting applications, maintenance fees, and any legal responses required by the USPTO. Discuss these costs beforehand to avoid surprises.
While affordability is important, don’t compromise on quality to save money. A poorly drafted patent application can lead to rejection or weak protection from infringement, costing you far more in the long run.
Why Your Startup Needs a Great Patent Attorney
Protecting your intellectual property is non-negotiable. A good patent attorney ensures your ideas are safeguarded, giving your startup a foundation to scale confidently. They take on the complexities of the patent process, freeing you up to focus on innovation and growth.
When choosing a patent attorney, look for someone with the right qualifications, industry-specific knowledge, strong communication skills, and a proven track record. While cost is an important factor, quality should always come first.
Don’t delay your search—the sooner you secure your intellectual property, the sooner you can confidently build your business. If you’re ready to take action, contact a reputable patent attorney today to ensure your ideas are protected, and your business is set up for success.
Looking to Patent an Invention?
Please contact Arlen Olsen at Schmeiser, Olsen & Watts LLP at aolsen@iplawusa.com.
About the Author
Mr. Olsen, a former adjunct professor of intellectual property law, has over 25 years of experience in all aspects of intellectual property law. Mr. Olsen is a founding Partner of Schmeiser, Olsen & Watts LLP and a former United States Patent Examiner. Mr. Olsen has prosecuted numerous patents that have been litigated and received damages of over 60 million dollars. Additional activities include teaching seminars, appearing as a guest lecturer on intellectual property matters for corporations and educational institutions, and evaluating and consulting with clients regarding the scope, enforcement, and protection of intellectual property rights.
