So you have a great idea for a product that you have been working on and you want to patent it; but what are your next steps moving forward? Successfully filing a patent application is critical in order to ensure that you have the sole rights to your invention and that your intellectual property is protected. Yet, you may find yourself wondering how you will know if you should hire a patent attorney to help you through this process.
Do You Need a Patent Attorney?
While it can be tempting to file a patent application on your own using online guides, there are many pitfalls that can come with doing so. In particular, you may find yourself making a costly mistake that could put your patent in jeopardy. But how will you know when you should consult an attorney? Here is a look at a few signs that you should consider enlisting the help of a patent attorney.
You Are Not Sure if Your Invention Qualifies
An important reason to contact a patent attorney as early in the application process as possible is that a patent attorney can help you to determine if your invention qualifies for a patent. Many inventors are surprised to discover that not all inventions qualify, and you do not want to invest a great deal of time and money on a patent application just to have it rejected.
In order to receive a patent, you must be able to prove that your particular idea is novel and different from anything on the market. Not only can a patent attorney help you to determine if a competing product would prevent you from securing a patent, but they can also help you submit an application that highlights the uniqueness of your product. A patent attorney can also let you know if you will not be able to secure a patent and, if so, what your next steps should be, making them an invaluable asset to inventors.
You Have Found Yourself in Over Your Head
A clear sign that it is time to call a patent attorney is if you have found yourself in over your head trying to submit a patent application on your own. One of the biggest benefits of working with a patent attorney is that they can help walk you through the often complex process of obtaining a patent. A patent attorney will have a great deal of experience handling applications similar to yours, and they can help walk you through the complicated patent application process in order to ensure everything goes as smoothly as possible.
You Don’t Know What Kind of Patent You Need
Not only do inventors often find themselves getting lost in the complex patent application process, but they may even find themselves struggling to determine what kind of patent they will need. In fact, many people don’t even know that there are multiple kinds of patents. However, the type of patent you need will depend on a variety of factors such as whether you are patenting a product, a design, or even a new plant. An experienced attorney will be able to make sure that you file an application for the right type of patent based on your invention.
Someone Claims You Infringed Their Patent
One of the reasons people obtain patents is to prevent others from using their ideas without their consent, and a patent holder can make a claim against those they believe have infringed on their intellectual property. However, in creating your invention, you may unknowingly infringe on a patent you did not realize existed. If an individual or company alleges that you infringed on their intellectual property, it is critical that you consult a patent attorney. They can go over the claims made against you and develop a legal strategy for you.
Hiring a Patent Attorney
Knowing when to hire a patent attorney can help ensure that the patent application process goes as easily as possible. Contact us to learn how we can help guide you through the process of filing a patent application for your invention.