Do I really need a patent attorney?

The advice of a patent attorney can be quite an investment. However, it ensures that you will have access to the technical-legal expertise that is crucial when it comes to providing protection for your innovations. The stated level and quality do not necessarily apply, however, to the services of self-proclaimed “patent experts” or “patent consultants”.

You can draft a patent application yourself to save costs before involving a patent attorney; however, that is not recommended. The reason for this is that a patent application has to include a highly precise description of the invention. If the description and the claims are not correct, you will end up with a patent right that is of little value once challenged in court. Engaging the services of a patent attorney can you be certain that the person concerned is qualified and fulfils the statutory requirements. Moreover, they have a duty of confidentiality and are subject to statutory disciplinary rules. This means that you can file a complaint against a patent attorney in the event that you are not satisfied with the services provided.

Using as few words as possible is where the art of a good patent comes in. Sufficient to show that the invention is novel and effective, but without unnecessary elaborations or limitations that allow someone else to circumvent the patent. It takes a lot of practice to become adept at this.

Patent consultants or patent experts are not certified
If you involve other parties such as patent consultants or patent experts, you will not have any quality guarantee. They have not been certified by the government authorities and therefore are not guaranteed to be professional experts. This means that there is a significant risk that they will generate an application on your behalf that does not comply with the formal or substantive requirements. Do you have doubts about whether you are actually dealing with a patent attorney? Search our record of registered patent attorneys.

Only a patent attorney has a comprehensive grasp of all aspects of intellectual property
If you are still considering taking steps to protect your invention, the advice of a patent attorney is crucial. A patent attorney is the only professional with expertise in trade mark, design and patent law and will provide you with the best advice regarding the type of protection that is most suitable in your situation.

A patent attorney is indispensable in defending or challenging patents
The technical-legal expertise of a patent attorney is essential as well if you are challenging a competitor’s patent or taking legal action against someone who is infringing your patent.  In these cases you will usually also need a lawyer that closely works with the patent attorney on your case.

Also read: » What can a patent attorney do for me?