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   Out on My Own
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John Slinger
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Out on My Own
« on: Nov 2nd, 2005, 12:27pm »
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Hello All,
    I am a recently admitted patent agent, I have about 1 1/2 years at a patent firm getting prosecution experience.   I was just wondering what others charge out on their own?   Any advice would be greatly appreciated.   Hourly rate?
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Bill
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Re: Out on My Own
« Reply #1 on: Nov 2nd, 2005, 12:42pm »
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John, please consider my comments under Patent Agent/Lawyer Careers, the "Beginning private practice" string authored by thought001.
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Sodbuster
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Posts: 8
Re: Out on My Own
« Reply #2 on: Nov 27th, 2005, 12:42pm »
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This response is not directed necessarily at you, but I have been perusing this forum a bit now, and find it "fascinating" that patent agents think they can go it alone with little or no experience.  Under what information are you operating to make this assessment?  How will you get clients? What type of client do you expect to get (industrial)?  How will you keep clients?  What is your docketing system?  Are you sufficiently experienced (technically and/or legally) to advise your client on IP matters?  How will you handle legal documents that you as an Agent are not legally allowed to handle?  blah, blah, blah...  Don't get me wrong, I am not a pessimist, but have you thought this through?
« Last Edit: Nov 27th, 2005, 12:44pm by Sodbuster » IP Logged
Wiscagent
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Re: Out on My Own
« Reply #3 on: Nov 28th, 2005, 9:33am »
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Sod –
 
You ask some good questions.  Personally, as a patent agent I would not be eager to go into solo practice.
 
I would like to explore one particular question of yours, “How will you handle legal documents that you as an Agent are not legally allowed to handle?”
 
To me the answer is the same as when any client needs help beyond the competency of the professional with whom they are working.  The professional should (i) explain that he/she is not qualified to deal with that particular issue; and (ii) suggest that the client consult a professional qualified in that particular area.
 
If the typical patent attorney is asked a tax question; if a general practice dentist sees that a patient need periodontal surgery; or if a carpenter is asked to do a plumbing job; the response should generally be:  “Talk to an expert.”
 
It is the same situation with a patent agent being asked to deal with a complex assignment question, or asked for an opinion on an infringement question.  It is beyond the expertise of the agent - the agent should refer the client to an attorney.
 
 
Richard Tanzer
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Richard Tanzer
Patent Agent
Isaac
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Re: Out on My Own
« Reply #4 on: Nov 28th, 2005, 11:08am »
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Nicely put Mr. Tanzer,
 
I routinely get asked questions concerning forming of business entities, division of marital property, licensing, etc.   While I am minimally qualified to answer such questions within the jurisdiction in which I'm licensed, my advice normally consists of providing enough information to the client to understand why the issue is relevant and a referal to another attorney to get the matter handled.    
 
Because I'm not working solo, the questions get fielded by one of my coworkers if the client does not have his own attorney.    If you are not an attorney you have additional an responsibility to recognize matters that you might feel able to handle, but are legally bound not to provide any level of advice about other than a referral.
 
 
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Isaac
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