Are you Hiring the Right Patent Lawyer?

Patents add value to your invention. Having a patent for your invention allows you to defend and protect your invention from infringement. Patenting provides you exclusive rights to your invention, and allows you to potentially profit from it. Since applying for a patent is a complex procedure, it is recommended that you hire a registered patent agent. Selecting a patent agent requires careful consideration of various factors. You need to choose the best patent agent for you and your invention to guide you through the process smoothly. Here are a few factors to consider while hiring a patent agent.

Qualification and Experience

Patent agents are experts in the field of patents and must have successfully passed the patent agent qualifying exams set by the Canadian Intellectual Property Office. You must be comfortable that the patent agent can properly prepare a patent application in the field of your invention. This means that they should have experience preparing similar types of patents or have a knowledge base that allows them to understand your invention. While a science degree or engineering degree can be beneficial, patent agents are not required to have these types of degrees. Aside from being well educated, the patent agent should be well equipped with knowledge and experience to handle patenting matters.

Cost

Filing a patent can be a costly process, and hiring a patent agent will add to those costs. You may be an inventor with a limited budget, but obtaining a patent for your invention can be critical for success. You should be aware of those charging an extremely low fee as this could be an indication that they are struggling to retain clients because of their drawbacks or that they are not well equipped to prepare a patent application. In some cases, extremely low fees are charged for the filing of a provisional application which provides limited protection and is only viable for 1 year. Increased costs are then payable to obtain a real patent application.

Big Firms vs. Independent Practitioner

Large firms who offer patent preparation and filing services may have experienced agents who are well versed in the subject of patents. However, the preparation of your patent application may be passed to an associate trainee with limited experience with the experienced agent only supervising. Hiring a large firm may also be expensive as they often have higher overhead costs. On the other hand, independent practitioners or small firms are usually affordable. They also tend to work directly with you. Patent law is complex, demanding knowledge and experience. Taking into account qualification, success rate and experience can help you make the best choice.

Referrals

Finding the right patent agent may be difficult, especially when you have limited knowledge in the field. Other agents, lawyers and business associates can be of help in such situations. They can refer you to some good agents in the field. Doing your own research of a patent agent’s background and setting up a face to face meeting to discuss your needs will ensure that you have handed over your job to someone you are comfortable with.

These factors can help you analyse and hire a patent agent that is best suited to your needs. Obtaining patents is a complex process. An experienced patent agent will reduce complications and increase chances of success in obtaining a patent.