Question for Patent Attorneys - Or an inventor who has used one

[Free Radical]

Hi all

I'm on the verge of applying for patent, and the standard advise is to use a Patent Agent. Problem is I can't see what they do that the inventor can't do better himself/herself.

I must have missed something so please do correct me on this, but as I understand it, a PA communicates/negotiates with the IPO when the invention is rejected. The PA has to adjust the phrasing point by point, till the IPO accepts. Surely the inventor should do this job as they know their invention better than anyone else could hope to.

Please someone let me know

 

[gessoandgold]

I think the idea of a patent attorney is to try and make the patent as hard to break as possible.

I've been told the actual function of a patent attorney is to try and extract as much money from the inventor as possible.

Perhaps I shouldn't listen to rumours ...

 

[Lime One]

The skill of a patent attorney is to make sure the patent covers as wide a range of use of the invention as possible but the costs of using one have traditionally been very expensive. There are some lower cost patent attorneys and if you email us at info at Limeone.co.uk I will send you their details.

 

[David Warrilow]

Hi

I'm a patent attorney at London IP.

There's a reason that to qualify as a European patent attorney you need to pass 4 exams held over 3 days:

http://www.epo.org/patents/learning/qualifying-examination/about-eqe.html

Similarly to qualify as a UK attorney there's a series of exams usually sat over a number of years. It can take up to 6 years to pass them all.

Why the exams?

Patent attorneys are specialists in wording patent applications to provide the applicant the best chance of obtaining protection. Very slight differences in wording mean very different things under established patent law.

As a patent attorney I have seen a large number of 'DIY' patent applications written by non-patent attorneys. Only three of them have been any good.

Unfortunately the applicant for one of those wasn't aware of the 12 month priority period for filing foreign applications so missed out on international protection.

I didn't mention - patent attorneys are also experts in prosecuting patent applications and are aware of all the deadlines, requirements etc., that if missed can lead to a loss of rights.

Generally when someone comes to us with an application they've written themselves it costs about the same amount (in money) to sort out the situation as it would if they'd used an attorney from the beginning.

So from my experience I'd advise against a DIY application, as the chances of you being successful are probably quite low.

But then I would say that, wouldn't I.....

 

[gessoandgold]

More power to you ... anyone dealing with all the terrible paperwork and dreadful twisty laws does deserve the money.

There's not enough aspirin in the world ...

 

[Free Radical]

Thanks to all respondents, I feel I've a slightly better idea about this role. Following what you say I still have reservations. The deadlines while costly if not met is not esoteric knowledge available only to PAs, this info is freely available. Would you pay hundreds/thousands for a calendar? If we can file tax returns or pay our road tax on time then we should be able to cope.

However, if a patent attorney does increases even slightly ones chances of success, then I agree it's money well spent. Assuming you believe in the commercialisation of your invention of course.

 

[David Warrilow]

Hi again

Of course, as with most things, all the relevant information is publicly available.

However, there's a reason that people spend money on a relevant professional for any important specialist matter. It (hopefully) ensures the job is done properly and saves the people a lot of time researching the subject in hand when their time would be better spent concentrating on, for example, running their business.

Personally I'd rather pay a professional to do conveyancing, structural building work, plumbing etc. rather than try to do it myself, screw it up and have to call someone to try to sort it out.

If you have a few years spare to study patent law and practice drafting patent applications (and having them reviewed and corrected by qualified patent attorneys) then a DIY application might be the right choice for you....

But without doubt using a qualified patent attorney will maximise your chances of successfully obtaining protection.

Once an application has been filed you can't add anything to it, so it's important to get it correct at the outset.

If you are still in any doubt as to the benefits of using a patent attorney talk to the UKIPO. They recommend you use one.

Best of luck.

David

 

[akirk]

Having used a patent agent in the past I can see the difference between using the professional and doing it myself - I can understand my IP, I can understand the need of the IPO, but there is a way of putting patents together, there is an understanding of law, there is an understanding of other IP etc.

personally - they are worth their money, and a good one will let you choose your balance of how much you contribute (making it cheaper)

Alasdair