Patent Perils: Why You Need A Patent And Trademark Attorney To Protect Your Intellectual Property

If intellectual property law is the field of battle then patents, trademarks, and copyright are its weapons and soldiers. Who would you entrust to be a general, someone with years of experience and familiarity, or a random person off the street? While you might think you are saving money by bypassing the crucial step of working with an attorney, the article explains why you are, in fact, setting yourself up to fail. It explains:

• When you should start talking to a patent attorney (hint it is earlier than you think!)
• Three reasons you should hire an attorney to handle your patent or trademark application.
• The biggest risks you will face by trying to protect your intellectual property without an attorney.

When Is The Best Time To Get An Attorney Involved In Patent And Trademarks? When Is It Too Late, Or Too Early?

Timing is incredibly important in intellectual property law because the protections provided by a patent or a trademark only begin once you have properly filed them.

As a result, you should never make any sort of public disclosure, whether online or talking to a specific buyer, before talking to an attorney. An intellectual property lawyer with patent and trademark experience will be able to tell you what you need to do first, whether that is a patent application, trademark deposition, or a simply non-disclosure agreement with whomever you plan to talk to about it.

If someone steals your idea or copies it, you want to make sure you can sue them for the full amount of revenue you lost. Always secure your rights and IP protections with the help of an attorney before communicating or making any move in the market.

Do I Really Need An IP Attorney To Assist Me In Obtaining A Patent Or A Trademark?

Legally and technically, you can always file your own patent, trademark, or other intellectual property application on your own. You can, but that does not mean that you should. In fact, you might end up spending (or losing) far more money if you avoid working with an attorney.

By trying to handle such complex applications by yourself, you could easily end up spending valuable time and money only to get results that are highly undesirable or even disastrous. There are plenty of pitfalls in the process that an ordinary person wouldn’t see coming, but an experienced attorney can easily help you avoid them.

Most notably, an attorney will advise you to make sure your patent or trademark application is successful . For example, by clarifying in advance when a trademark is not going to be allowed or when your innovation lacks patentability.

What Are The Advantages Of Hiring An Experienced California Intellectual Property Attorney?

When an attorney works with you on a patent application, they know what the patent office is looking for. They know what is legally required and will draft an efficient and effective application. This allows for a much more straightforward resolution than if you write it yourself and it becomes a disaster. Or worse, then you might be unable to obtain your patent at all.

An attorney’s input can be invaluable even for basic elements of the process. Such as helping innovators and business owners understand the difference between patents and trademarks and which applies to their case.

For example, one company wanted to apply for a trade dress design (a trademark that covers the look or presentation of a product or service) to re-establish its reputation over this particular shape. But the problem is earlier, they had applied for a patent on that shape, and once you apply for the patent, you have essentially told the world, oh, this shape is functional and thus no longer viable for trademark protection.

You should never apply for a patent if, ultimately, you want trademark protection. Unfortunately, such nuances are far from the only differences. Trademarks last forever as long as you keep using them. Patents last only for 20 years but can be much broader and protect a wider innovation, while a trademark is just to protect that symbol in particular.

You need to know what you are trying to protect, and an IP attorney can help you make that distinction.

What Are The Major Pitfalls Of Working On A Patent Or Trademark Without An Attorney?

It is easy to get excited when you have come up with a new invention. Unfortunately, it is also all too easy to make mistakes that will make it vulnerable to someone else stealing it. For example, If you set out to describe your entire invention in the claim, you will end up with a patent that is far too narrow. You will be missing out on crucial intellectual property rights and protections.

An experienced patent attorney will make sure you understand exactly what you need to claim to get the fullest possible protection.

Another all-too-easy mistake to make on your own is accidentally conceding prior art. Prior art represents the body of existing knowledge, and if you concede that your innovation draws heavily or entirely on knowledge within that, it can invalidate your patent and be devilishly difficult to untangle.

On the trademark side, an attorney will help you verify your targeted design or logo for trademark compatibility and strength. You need to be sure it is something that can be protected under the law but also that it is unique in your field, and strong enough to protect in the long run.

From the start of the process through to the very end, you will avoid costly mistakes by working with an experienced attorney.

At What Stages Of A Patent Or Trademark Application Will An Attorney Be Helpful?

Having an experienced intellectual property lawyer on your side from the very start of your patent or trademark application is vital. Not only will the attorney help you write the claim, but if you hire them early on in the process, they will be able to familiarize themselves with the product, all while helping ensure you do not miss a single deadline.

This is very helpful if your claim ever gets rejected, as your attorney will have a far easier time amending the claims if they are familiar with the product. You are also much more likely to beat a reject when the claims were well written in the first place with potential adjustments in mind.

Indeed, you are unlikely to know how to respond to a rejection by the US Patent and Trademark Office. And that is normal; responding to those rejections is as much art as science and takes a lot of training and practice. This is why working with an experienced attorney is always a good investment. For more information on Hiring A Patent Attorney In California, an initial consultation is your next best step.