Re: Re: Re: Re: I need a patend agent .

Subject: Re: Re: Re: Re: Re: I need a patend agent .

Comments:
: : There is no difference between a Patent Agent and : : a Patent Attorney practising before the US Patent : : and Trademark Office in Patent Cases. The agent : : simply uses PTO supplied forms for the Declaration : : assignment (if required). : : In fact, most Patent Agents are former practising : : engineers, often with many years of experience. : : The stunning majority of Patent attorneys have : : either no or very limited engineering experience : : after graduating collage. Attorneys went onto : : law school (JD) and then into Patent Law, often : : right after graduating engineering school. : : It is interesting to note that lawyers per se : : are "unqualified" to sit for the Patent Bar. The : : PTO requires candidates to be Engineers. A law : : degree is not required or preferred by the PTO for : : the patent bar. : : Patent law is a small subset of law. : : It is easier to teach an Engineer a subset of : : the law (e.g. no criminal or divorce law) than : : to teach a lawyer 4-6 years of engineering. : : Dosen't this make sense? : : Patent agents are more likely to see more : : alternate embodiments of your invention as a : : result of years of engineering design experience : : than an attorney with next to no experience in : : engineering. Consequently. applications written by : : agents tend to be very difficult to design around. : : A patent that you paid $10k-25k to obtain is : : worthless if it can be designed around. Agents are : : more likely to pursuade examiners on engineering : : points rather than rolling allowed dependant claims : : up into rejected independant claims (see Festo : : descision)to get your application allowed. : : A person who graduates engineering school with : : no experience is like buying all the tools at : : sears and trying to fix a car without ever having : : used the tools before. Who do you want to fix your : : car, the guy who has done it for many years, or : : the guy who just graduated "car Collage"? : : and not ever used the tools? However, I would only : : hire someone with at least a BS (preferrably : : MS/PhD) degree in the field my invention was in. : : Not someone who got may have got lucky on the : : EIT exam. : : Note that the stunning majority of medium to large : : law firms hire Patent Agents(practice patent law) : : and Technology Specialists(cannot practice patent : : law) Just for the reasons cited above....they are : : tecnically stronger than the typical patent lawyer. : : Law firms are pyramid structures like Amway. : : The money you pay to have a patent application : : drafted is often split 3 ways: : : 1) the associate writing/filing your : : application, 2)the principal the associate works : : for, and 3) the law firm coffiers. ADD to that a : : contribution of a technology specialist who must : : also be paid...4 way split now. : : Of course Lawyers can do things an agent cannot do: Draft : : license agreements, litigate in state/federal : : courts if your patent is infringed etc. . : : However, if I were in an infringement case, : : I would want someone expereinced in : : infringment litigation rather than patent : : prosecution. : : One approach might be seeking a Patent agent : : with actual experience outside of collage in : : the field your invention is in, preferrably : : several years of experience. The more, the better. : : This approach might also dictate having such an : : agent prepare, file and prosecute your application : : before the USPTO. When you want to license, sell or : : otherwise exploit your patent, seek out an attorney. : : If, forbid, you become involved in a infringement : : suit, seek out an experienced litigation attorney. : : When comparing fees, bear in mind the basic : : filing fee for a utility patent, for an individual : : inventor is $370.00 as of 10/1/01 for up to 20 : : claims (often enough). : : The PTO maintains a searchable list of registerd : : patent agents and attorneys on the USPTO web site. : : I would make sure I consulted the list prior to : : hiring anyone. Also note, if you go with the : : cheapest, you may get what you pay for. Law firms : : are profit driven, all while paying salaries of : : $140k-$250k. : : What ever you do, seek competant advice and check : : the PTO website. : Dear Know it all, : A patent lawyer has all the qualifications of a patent agent plus the ability to have a better legal insight as to what to do and how to do it. : You can get screwed with an agent as well as an attorney. It is a question of finding someone that you trust that can do the job. : The big firms can charge more and have an associate write the application. : The big thing you miss is that attorney or agent both can almost assure you that you will get a patent but ----- how many will tell you not to file because what you have may be a dead looser even with a patent. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop™ : E arly L egal A dvice I s N ot E xpensive™

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