Hire a Patent Attorney According to Your Category of Invention

As we all know, patent is a grant of exclusive right to your invention from the Patent and Trademark Attorney. If you patent your invention, it means that you hold exclusive rights for making, using and selling your invention. In general, patents are broadly classified into four types.

1. Utility patent:

This is the most common type of patent and it includes any new and useful procedures such as any new machine or chemical compound or process. Any new improvement to the existing product or process or machine also comes under this type. In general, the tenure of a utility patent is for 20 years, but getting approved is a cumbersome and lengthy process. In case, if your invention falls under this category, you have to hire a well experienced patent attorney.

Hiring an attorney from the same background as that of your invention may be an added advantage. Since the patent process includes a description of your invention with drawings and evaluation tests, an attorney from the same research background might be more capable in convincing the patent examiner and getting approved. Getting patents for inventions falling under this category is not that easy, so the attorney may also demand accordingly.

2. Design Patent:

This type of patent covers an invention of any new and original design. However, remember that this type of patent covers protection only for design, but not for the structural or functional features of any machine or object. In general, design patents cost you much lesser, which is almost ten times less than other types. The duration for reviewing a design patent is at the maximum of six months with an approval percentage of almost 90% in the first appeal itself.

So, by hiring a good patent attorney, you will stand a very good chance of getting it approved in the first review itself. Since time consumed for a design patent is much lesser, the attorney may also charge you a small amount of fee.

3. Provisional patent:

Unique feature of this type of patent is that the inventor gets 1 year duration for further development of the invention or for market research or for getting license agreement. From the day the inventor files for provisional patent, invention remains protected worldwide with a grace period of 1 year for further development. Nevertheless, after the grace period, one has to file for utility patent again.

In other words, it provides protection for your invention from being copied by others, until it is fully developed and tested. These days provisional patent is considered to be an inexpensive mode of protecting one’s invention. But remember that the improper filing of a provisional patent may give you reverse effect, so hiring a good patent attorney is mandatory. Since the term of provisional patent is only for 1 year, the attorney may charge you much lesser fee.

4. Plant patents:

Last but not the least, this type of patent is approved for inventions pertaining to a new variety of plants which may be asexually produced or tuber propagated or those in an uncultivated state etc.

Therefore, we can summarize that not all patent application procedure or duration is same. So, the processing fee, attorney’s fee and duration of approval depend on which category your invention comes under. Search thoroughly about the attorney like experience, qualification and expertise before hiring. If possible, try to meet the attorney in person and have a little chat and ask him questions regarding his professional experience and about patents as well. If you are completely satisfied with the attorney, discuss about the payment mode and fee structure. As mentioned above, the attorney may charge you according to the time consumed and process involved in patent approval. For instance, if your invention falls under the utility category, the attorney may charge you more, but it is worth spending as the tenure of the patent is for 20 years.

The Los Angeles Patent Lawyer has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents. Click here for Patent Attorney Los Angeles

Patent law is a unique niche in the field of law that comprises not only of law, but of science as well. Visit http://www.omnilegalgroup.com/ for more details.

Author Bio: The Los Angeles Patent Lawyer has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents. Click here for Patent Attorney Los Angeles

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