Here’s What You Need To Know About Hiring A Patent Attorney

07 September of 2015

Although it isn’t compulsory to work with a patent attorney to file a patent, there are many reasons why hiring one can be advantageous. Considering the limited budgets of both time and money of any mid-range enterprise, it is important to quickly score a patent, and proceed rapidly as per schedule.

Patent Lawyer or Patent Attorney?

You need a patent attorney, not a patent lawyer. The lawyer helps you with litigation and procedure over the patents. However, often a lawyer will end up referring you to an attorney, as the Australian Patent Office prevents lawyers from preparing and working on patent specifications.

Patent Attorneys from Shelston IP will help you understand international patent law, securing patent protection anywhere you choose to take your business. While an inexperienced owner of an innovation worth patenting can also write and file a patent, but there are many complexities involved. These refer to the many statutes, rules and parameters that require a great deal of precision. So a DIY approach may waste valuable time.

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There are many issues that someone who is going about the process on their own can experience:

  • Not disclosing enough knowledge about the invention to permit using it
  • Failure to comply by dates and scheduled deadlines for paperwork submission
  • This can in turn cause delays while seeking funds from angel investors, venture capitalists and other sources.
  • There is also the risk of disclosing irrelevant information, not pertaining directly to the invention.

Budget Considerations

You do not need to spend a lot on a patent attorney. It may take a bit of time looking for the right option, which can include attorneys who are agreeable for startup packages. But if your enterprise is very much connected to your current and future patent, a long term business relationship with a patent attorney is a viable one.

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Preparing for a Meeting with the Attorney

Know that your attorney’s arena of expertise is law, not the workings of your invention or discovery. You can, however, illustrate your anticipated patent’s workings through a “white paper” that describes your innovation in detail, through pictures, drawings, and charts if helpful. It will help your attorney understand your innovation, and in the future, help with any problem areas when it comes to copyright infringement. For all this, a meeting with the attorney is a must in which all such topics are thoroughly discussed.

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Time Management

This will also help you limit the amount of time you will spend on the attorney, as you can rack up billable hours quite quickly. Disorganized meetings with no clear agenda or notes can cause budget issues to flare up quickly.

While you may be able to file a provisional application without getting on board an attorney, you should definitely take stock of associated advantages and risks in this process. And even if you feel a crunch of funds for availing professional Intellectual Property protection services, they will surely help you make money in times to come. Experts from have been helping enterprises across Australia navigate the hurdles of Intellectual Property in Australia for years now.


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