June 2020

There are many firms that advertise themselves as offering intellectual property services and people who advertise themselves as patent litigation attorneys. But what does that really mean? What services are these firms actually authorized to offer? Depending on a person’s credentials, the intellectual property services he or she is authorized to offer may be limited.

Be sure that you understand the legal services that your legal professional is authorized to provide.

What Do You Get When You Hire a Patent Attorney?

In the field of intellectual property, there are generally three types of professionals: U.S. registered patent attorneys, patent agents and intellectual property attorneys as stated on https://midhudsonnews.com/2020/05/10/how-does-inventhelp-support-new-inventors/.

U.S. Registered Patent Attorneys

The U.S. Registered Patent Attorneys have earned this distinction by passing The Bar Exam as well as a federal bar exam administered by the United States Patent and Trademark Office (USPTO). U.S. registered patent attorneys are able to prepare, file patent applications as well as provide all of the other legal services necessary to protect your intellectual property rights, including obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do.

Patent Agents

Patent agents are not attorneys. They are individuals who have been authorized by the USPTO to prepare, file and prosecute patent applications. They are not authorized to provide any legal services, such as obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do as you can read on https://vocal.media/journal/innovating-as-a-small-business.

Intellectual Property Attorneys

Unless your intellectual property attorney is registered by the USPTO, he or she is not allowed to have any role in the preparation, filing or prosecution of your patent application. Intellectual property attorneys can, however, provide legal services in other areas of intellectual property, including obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do.

The subject matter of a patent may be a technical solution of a structure, equipment, such as all or part of a product, a composition, a composition of materials, and a process, such as all or part of a technological process, or its application.

When creating new technical solutions within the scope of a patent, before any publication (publication in a professional journal, presentation at an exhibition, etc.) or before the product is placed on the market, creators, inventors, investors must decide whether to leave the solution in the public domain (everyone else use the solution) or want to secure their rights, ie. they want to use the solution exclusively (manufacture, sale, licensing, sale of the invention and / or patent) as seen on https://www.glassdoor.com/Reviews/InventHelp-Reviews-E152162.htm.

In the latter case, the patenting procedure must be initiated before the date of any publication or publication, ie the patent application must be filed with the competent Office. Any right so invoked or invoked at a later date may be invoked with reference to the priority thus established. Attention: Your own publication or marketing before the announcement is also novelty!

The first step in obtaining a patent is to file a patent application, the filing of which has a priority right. The examination of the application takes place during the patent licensing procedure, which consists of a formal examination of the application and a substantive examination of the subject matter of the application.

The patent application and the search for novelty will be published 18 months after the filing, after which the substantive examination must be requested. The procedure ends if the subject of the application meets the requirements for patentability as explained in https://blogs.cornell.edu/react/inventhelp-taking-inventions-from-paper-to-the-global-marketplace-hinges-on-usp/ article. Publication shall give rise to temporary protection with retroactive effect to the date of notification, which shall become final upon grant.