Patent Procurement

What is "Patent"?

In modern usage, the term patent usually refers to the right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter. In the United States, the grant gives an inventor the right to exclude others from making, using, offering for sale or selling the invention throughout the United States or importing the invention into the United States.

You do need to have a patent attorney to draft and prosecute your patent application!

Technically speaking, an inventor can file his or her own application without assistance of a registered patent attorney. Many inventors, especially individual inventors driven by limited budgets, do just that - draft and file their patent applications just to realize a few years later that their application is declined because they missed an important limitation, or misread an important reference. 

Drafting a patent application is easy, yet drafting a patent application that has a chance to result in a patent is not. Think about this: in order to become a registered patent attorney one not only needs to be an engineer and a licensed lawyer, her or she must also pass a rigorous examination, a so-called "Patent Bar". Not surprisingly there were only  32,391 active patent attorneys in the U.S. as of December, 2015! 

Even if you manage to draft and file your patent application by yourself, the chances are you will receive a communication from the USPTO, a so-called office action, in which the examiner objects to your specification and/or rejects your claims using a bunch of legalese that you don't understand. What do you do next? Well, the task of convincingly argue with the examiner requires skills that only a registered patent attorney can offer, and at that point you have no choice but to hire one. But the attorney you retained does know your invention as he or she did not draft your application. As a result, the registered patent attorney you hired must now spend more time on understanding and researching your invention, which costs you way more money than you saved by drafting and filing your own patent application.

My favorite comedian Tina Fey once said: "Politics and prostitution have to be the only jobs where inexperience is considered a virtue." Well, enough said. If you really value your invention, have a registered patent attorney Vladimir Tsirkin to help you with your patent application.

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SPEKTOR & TSIRKIN, P.C.

Spektor & Tsirkin, P.C. is a full-service law firm with emphasis on IP and Technology Law.

40 Rector Street Suite 1502

New York NY 10006

1-212-461-1355

info@spetslaw.com

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