Are you wondering if your business really needs a patent lawyer? Click here for nine great reasons you should hire patent legal services for your business.
In the digital age, entrepreneurs are rapidly developing new technologies and software to meet our changing needs. When you’ve created something unlike anything else we’ve seen before, it’s important to protect that creation.
Keeping your invention under wraps isn’t enough. Even when you ask your employees to sign NDAs and work in a secure environment, you can still face data leaks and other issues that expose information about your product.
This is why applying for a patent is crucial for tech and software companies. However, patents aren’t as easy to procure as you might expect.
Patent legal services can make a big difference. Read on for nine reasons why you should consider hiring a patent lawyer.
1. Copyright Isn’t Enough
Many entrepreneurs make the mistake of assuming that copyright, which technically comes into existence at the moment of document creation, is enough to protect a new invention. However, copyright only applies to any written drafts pertaining to your invention, not the invention itself. Once you’ve gone from the early phase of drafting ideas to the later phase of creating a tangible product, it’s time to start thinking about patenting.
2. Patent Law Is Complex
From start to finish, it can take several years to secure a patent. In 2020, of the 646,000 patent applications filed, only about half were granted. This statistic reflects how complicated patent law is and how few inventors know how to prove the validity of their application. An experienced patent lawyer can help you navigate these complex laws and increase your chances of a better outcome.
3. You Need an Airtight Business Strategy
In the process of applying for a patent, you will need to be able to explain in detail the unique qualities and purpose of your invention. It is often necessary to go back to your original business strategy and make changes to it to ensure that you can properly defend your right to a patent. Our patent attorneys understand the ins and outs of the technology and software industries, and we are equipped to review and strengthen your business strategy while determining how a patent serves that strategy.
4. You May Qualify for a Provisional Patent
A provisional patent can increase the protection of your invention for up to 12 months before you file an official patent application. However, the process of applying for a provisional patent must be done with great care and is best left to an experienced lawyer. If the application is filed incorrectly, it can harm your ability to file a successful application for a non-provisional patent down the line.
5. Strong Patent Preparation Is Key
One of the factors that can draw out your patent application process is poor preparation that doesn’t account for things like prior art (known materials used in your invention). Your patent application may also be dismissed if it fails to account for all parties involved in the creation of your invention. Because there are so many details to account for when preparing your application, it’s extremely helpful to work with a patent attorney that knows what information to collect and how to present it in a clear, concise, and compelling way.
6. Patents Take Time
As we have mentioned already, it can take years (often upwards of two) to move through all the phases of patent applications. Once the application is submitted, most applicants will have to go through several rounds of “arguments” defending their right to a patent and clarifying elements of the application. Without an attorney guiding you through this process, it’s easy to miss important deadlines, which can lengthen the time it takes to secure a patent and, in some cases, lead to an early dismissal.
7. Patents Often Require Appeals
There is always a high probability that your patent application will be rejected, but that doesn’t mean that you have reached the end of the road or that your patent lawyer’s job is done. With the help of your attorney, you may file an appeal with either the patent office or a court of law, depending on the reason for the rejection of your application. However, proving the validity of the appeal is just as complicated as proving the validity of the application, and you will want access to the expertise of an attorney.
8. You Must Validate Your Invention
You must conduct a great deal of research if you want to file a successful patent application, and an attorney can help. The goal of this research is to make sure that there is validity to your invention, meaning that it a) serves a clear purpose and b) isn’t a recreation of an existing invention.
In the age of technology, it is getting increasingly difficult to prove that a new invention is unique. For example, if you’ve invented a new form of AI, it may be difficult to prove that is unique enough compared to existing models to warrant a patent. An experienced attorney can help to conduct this time-consuming research and provide the proper language to demonstrate your invention’s uniqueness.
9. You May Face Patent Litigation
A patent lawyer’s job doesn’t end when you’ve secured a patent, and having one on retainer can prove useful down the line. Each year, an estimated 5,000 to 6,000 patents are involved in litigation. If someone infringes on your patent, you’ll want an experienced lawyer to bring them to court and protect your invention.
Hire Patent Legal Services Today
Filing for a patent isn’t as simple as you might think. If you have an invention that needs patent protection, it’s time to consider hiring patent legal services to help you navigate the process.
With offices in Oregon and Texas, BLTG is here to help. To find out more about our patent legal services, contact us today.