What Is a Patent Attorney?

A patent attorney is a legal professional specialized in intellectual property law, specifically in patents. A patent is a kind of intellectual property that provides inventors exclusive legal rights to their inventions for a limited period of time, preventing others from making, using, selling, or importing the invention without permission. Patent attorneys help inventors obtain and enforce patents.

In the United States, a patent attorney (also known as a patent lawyer or patent law attorney) is officially licensed and registered by the U.S. Patent and Trademark Office (USPTO). Simultaneously, they must also be licensed to practice law in at least one state. This dual licensing ensures that patent attorneys possess the necessary legal qualifications and expertise to navigate patent laws while meeting the standards set by the USPTO. Most patent attorneys hold degrees in both law and a technical field such as engineering.

Patent Attorney Services

Patent attorneys provide a wide range of services, ranging from patentability studies to patent prosecution to patent maintenance and litigation. Below are some examples of patent attorney services.

Applying for a Patent

One of the primary services provided by a patent attorney is assisting inventors with the patent application process and crafting an effective patent application. This involves conducting thorough searches to ensure that an invention is eligible for a patent (which includes the prior art search and patentability study), drafting and filing detailed patent applications, and representing clients before the patent office during the examination process. Patent attorneys draft and file office action responses to the patent office for application approval.

During the application process, patent attorneys works closely with inventors to craft a strong application. The patent attorney ensures that the application meets all legal requirements and aims to effectively convey the novelty, inventiveness, and usefulness of the proposed invention to the patent examiner.

Patent Maintenance and Enforcement

Another service offered by patent attorneys is maintenance and enforcement services for granted patents. They can advise on licensing agreements and help with transferring patent ownership. They can also actively monitor the market for infringement for potential infringers. In the case of patent infringement, patent attorneys help enforce the rights of patent holders. This may involve sending cease and desist letters, negotiating settlements or licensing agreements, or representing clients and their inventions in court.

Patent attorneys can offer strategic guidance on the development and maintenance of patent portfolios, which are collections of patents owned by individuals or businesses. Patent attorneys can help manage these portfolios, ensuring that patents are strategically acquired, maintained, and, if necessary, divested. This involves periodic reviews, analysis of competitive landscapes, and making recommendations for adjustments to portfolios based on changes in business strategies or market conditions.

Foreign and International Patent Applications

Patent attorneys also assist clients in obtaining patent protection beyond national borders. This involves coordinating with foreign associates, filing international applications, and ensuring compliance with various legal requirements and patent systems abroad. While there is no such thing as a strictly-defined “international patent,” the international (PCT) patent application process enables inventors to seek patent protection for utility and plant inventions across multiple countries. The Hague International Industrial Design patent application offers a comparable pathway for protecting unique ornamental designs in multiple countries.

How Much Does a Patent Attorney Cost?

Patent attorney services are typically charged on an hourly basis, with fees ranging from $200 to $1000 an hour. However, patent application services are often offered on a fixed quote basis. Throughout the patent application process, each step such as the prior art search, writing the patent application, and prosecuting pending applications for approval may each incur separate fees.

Patent attorneys can help determine whether your invention is patentable. This step involves the prior art search and patentability study. Depending on the complexity of your invention, determining patentability can cost $1000 to $3000. At Carson Patents, most searches are $1200 to $1600. This fee includes the patentability study and written opinion.

The patent attorney fee for writing and filing a patent application, complete with all necessary forms, is typically $3500 to $7500. This does not include the cost of USPTO filing fees, which are determined by entity status. At Carson Patents, the cost of writing and filing a patent application includes the cost of patent drawings, figures, and flowcharts.

During patent prosecution, a comprehensive and proper response to a typical office action ranges between $1000 and $2000. For most of our clients, patent applications involve preparing and filing two or fewer office actions responses before receiving allowance or final rejection.

Once a patent is granted by the USPTO, there is an additional cost associated with issuing the patent. The issue fee typically ranges from $500 to $1500.

The provided dollar amounts are estimates based on our average fees for each respective patent application service. The cost of patenting each invention is unique to the specific invention, as all inventions are different. For more details please refer to our article on patent costs.

What Is the Difference Between a Patent Attorney and a Patent Agent?

Only those who are licensed and registered by the USPTO may represent others before the USPTO and prosecute patent applications. This includes patent agents and patent attorneys, who have passed a specialized exam called the Patent Bar Exam. Both patent agents and patent attorneys are licensed by the UPSTO and possess expertise in patent prosecution.

Patent agents prepare and prosecute patent applications. They can advise on writing and filing patent applications and communicating with patent examiners. Although they are experts in patent prosecution, they are not licensed to practice law.

Unlike patent agents, patent attorneys are licensed attorneys who have completed a law degree and passed the bar exam in at least one state. In addition to the services provided by patent agents, patent attorneys can provide legal advice, handle patent litigation, negotiate licensing agreements, and other legal services related to intellectual property.

Patent Attorney Services at Carson Patents

Carson Patents offers comprehensive patent registration services available online from anywhere. Our team is experienced in conducting patentability studies, writing and filing patent applications, prosecuting patents, and negotiating licensing agreements. Our registered patent attorney provides expert legal advice on patent applications and patent maintenance. We invite you to contact us today for a free patent consult.