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When Do You Need a US Patent Lawyer?

An individual needs a patent lawyer if they have an invention that they want to protect from any unauthorized distribution or use. Patents usually exist for 14 to 20 years, depending on the type of patent.

They can be used for any type of invention in any field of technology. Nations that are members of the World Trade Organization (WTO) are expected to recognize as well as enforce legal patents as they are part of international agreements with the organization.

An individual’s lawyer can also help them choose the correct category for their patent, which may include:

  • Utility patents: An invention must be moderately useful to qualify for a utility patent. In general, in this category, an invention is required to be:
    • a chemical or biological composition of matter
    • a method or a process with a concrete result
    • a machine
    • an invention improvement
  • Plant patents: A plant that is created may be patented if it is novel and non-obvious.
  • Design patents: Design patents are required to be:
    • novel
    • nonfunctional
    • non-obvious

There are also things that cannot be patented, such as:

  • Naturally occurring substances
  • Ideas
  • Calculation methods
  • Laws of nature
  • Other things

When an individual is considering applying for a patent, their lawyer can help with the patent due diligence process that should be performed by new patent applicants. This process includes reviewing the idea relationship or similarity to existing patents to ensure that the patent will be unique before an application is filed.

A patent lawyer will help a patent owner ensure that their patent is approved, does not expire early, and is not deemed invalid. Patent applicants must follow specific forms with very rigid requirements. Once the patent application is reviewed, the issuing agency may ask questions of the patent applicant.

A patent owner’s lawyer will also help protect against patent infringement and extend the duration of the patent, when necessary. If patent infringement does occur, an individual’s patent lawyer can file a lawsuit in the proper court. The owner of the patent may be able to obtain monetary relief, equitable relief, and possibly costs and attorney’s fees.

How Much Does it Cost to Hire a US Patent Lawyer in the U.S.?

The cost of hiring a patent lawyer can vary depending on factors such as the lawyer’s location and experience. However, the hourly rate for a patent lawyer often ranges from $400 to $600 or more.

The process of obtaining a simple patent for a mechanical or electrical invention, including the lawyer’s fees, may cost between $1,000 and $4,000. If the patent is more complex, such as a computer or high tech device, it may range between $10,000 and $20,000.

Additionally, patent owners will need to pay maintenance fees to the United States Patent and Trademark Office (USPTO) at specific periods or their patent will expire.

What to Look for in a US Patent Lawyer?

When an individual is looking for a patent lawyer, there are many things to consider, for example:

  • The lawyer’s experience, including:
    • How many years they have been practicing
    • How many patents they have filed
    • If they have filed patents in the industry
  • If the have technical expertise in the field
  • Their understanding of the patent process
  • Whether they can effectively explain the patent process
  • The fee structure they will use
  • Whether they have positive reviews

How to Prepare for Your Consultation with a US Patent Lawyer?

When an individual is preparing for their consultation with a patent lawyer, there are steps they can take to ensure they get the most out of the meeting. This includes preparing documentation about their patent, which may include documents, drawings, and prototypes.

A potential client should be prepared to answer the lawyer’s questions about their invention. They should also have an idea of what they want to get out of the consultation, whether that be simple advice, help applying for a patent, or assistant with an already existing patent.

Another helpful step is to brainstorm questions for the lawyer and take a written list to the meeting. This will help ensure that all of the individual’s questions and concerns are addressed.

Where to Find US Patent Lawyers in the U.S?

If you are looking for a patent lawyer in the United States, LegalMatch can help. The lawyer matching services provided by legal match are free of charge and convenient to use.

The process for applying for a patent is a complex and involved process. Although most inventors are technically proficient, you may not be familiar with the format that is required for patent claims.

Simply submit your patent question on the website and you will get responses from member lawyers near you who are ready to help you with your patent. Having a lawyer will help ensure the success of your patent.

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