Questions to Ask a Patent Attorney

Those that have an idea for an invention are often confused as to what directions to take in order to get the idea off the ground. One of the first things that needs to be done is to hire a patent lawyer. This will ensure that your invention and its patent is successful.

• Ask about the lawyer's background. Since patent law is a highly-specialized field of law dealing with science and technology, find out how much knowledge and experience the lawyer has.


• Inquire about certification. In order for an attorney to prepare the patent application, the attorney must be admitted to practice before the U.S. Patent and Trademark Office. Make sure that the attorney has this certification.


• Find out how the process works. It is important that a patent lawyer be able to explain in detail the exact sequence of events of the patenting process from the patent-ability search to the actual filing of paperwork. 


• Inquire about the fees. It's important to know how much the lawyer will charge in advance. Having an unclear fee schedule can lead to over-billing in the event that the patent process takes months to complete. For this reason, look for patent lawyers that charge a fixed fee for patent applications rather than an hourly rate.


• Ask about the extent of involvement. If being hands-on in the process is very important to the inventor, then working with an attorney that limits the level of involvement would definitely pose a problem. Since the patent process can be a lengthy one, it is essential that the inventor work with an attorney that makes them feel comfortable.


• Ask for everything in writing. Reaching an agreement with a patent lawyer is  considered a contract, so it needs to be put in writing. Failure to do so can lead to the loss of patent rights which would hamper the success of the invention.