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Author Topic: Finding an Lawyer...  (Read 1160 times)

shooter

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Finding an Lawyer...
« on: 08-20-07 at 07:13 pm »

I am new to this topic as I'm sure a lot of others are. Myself and a few co-workers have come up with an idea and believe it is pretty solid. We are trying to come up with the next steps. We are in the process of finding a lawyer to come up with something we can all put our name on so that no one would think of running off with the idea. I have found the page on the USPTO website with a list of local patent lawyers. We first need to get a confidentiality agreement set up, then we need a patent search and so on. My first of many questions that I will be posting on this site is, How do I find a good patent lawyer? I saw that list on the govt. site but how do I know who is legit and who isn't, what is a fair price and what is a rip off? Basically, I am looking for any general info on finding a patent lawyer in Southeast Wisconsin. We kind of considered doing it ourselves but it is possibly too large of an idea so we are afraid of missing something in the search or in the writing up of any documents. Thanks for your time and help,
                                            Shooter
« Last Edit: 08-20-07 at 07:14 pm by Shooter »
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Bill Richards

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Re: Finding an Lawyer...
« Reply #1 on: 08-21-07 at 10:10 pm »

Pretty tough assignment.
To start with, I presume your comment about a confidentiality agreement was meant for those with whom you'll be dealing and not the patent attorney.  We are bound by our ethics obligations to maintain client secrets and the sanctions can be quite severe.
You don't need a search, but I generally recommend one if you're not familiar with the technology that's out there.
You don't need a patent attorney in any one particular location, since it's a federal practice.  I can, and do, have international clients.
Prices will vary all over the map.  In my experience, large law firms generally charge more than solos or boutiques, but that's not always true.
You'll want to inquire about background and experience and talk with several before making a decision.  Don't be afraid to ask about costs, either.  All reputable attorneys will gladly discuss fees and costs.  If you're not comfortable with an individeal, don't engage him or her.  Remember, too, when dealing with a law firm, even a small one, you don't hire a firm, you hire a lawyer.  You should find out exactly who you'll be dealing with.
There are a number of posters to this Forum, myself included, which would be willing to talk with you and give you further direction.  Feel free to contact them off line.
Good luck!
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com

shooter

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Re: Finding an Lawyer...
« Reply #2 on: 08-22-07 at 03:16 pm »

Thanks for the help. I received a recommendation of a lawyer in the area that I am checking into. I was not aware that it was a federal practice but that makes sense now that I think about it. I am going to make some calls in the next few days to people around here. I might also contact a few of the posters on here, as you stated and talk with them. Besides yourself, who are some other good contacts in this forum?
   Yes, the confidentiality agreement is between the few of us who came up with the idea. We all trust each other but I'm sure others have said that too just to have things good bad because they didn't follow the proper steps to protect themselves. Thanks for the help, any other input is appreciated.
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Bill Richards

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Re: Finding an Lawyer...
« Reply #3 on: 08-26-07 at 02:24 pm »

I really don't know much about the work product of the posters here.  Some that have posed just a few times sound like they know what they're doing as do those that have been posting for a couple of years.  I'd review some of the posts and try to evaluate them from that.  You might also check the USPTO database for some of the patents they've been involved with.  There's a couple of problems with that, however.  Many firms, even some small ones, just put the firm name on the face of the patent.  Too, just because a practitioner's name is on the patent is no guarantee the individual wrote the application initially or prosecuted it.  Your best bet is to ask for representative patents and check them out yourself.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com

Tim Ziolkowski

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Re: Finding an Lawyer...
« Reply #4 on: 09-15-07 at 03:58 pm »

Shooter -- first find out the attys technical background.  Obviously, if you have a mechanical or electrical related invention, an engineering degreed patent atty in ME or EE  is more worthwhile than a patent atty who has a degree in math.  

Second, ask him/her for sample patents AND do your own research.  There is a field on the PTO website search engine for Legal Representative.  Use that to find patents that the atty might have written (although, the other poster was right, as it’s usually listed by firm).  However, I disagree with his statement that you merely hire attys, not firms.  A firm of attys can bring you more diverse experience.  Even though you might only work with one atty at that firm, most firms have regular meetings where the attys discuss issues.  Solos do not have that luxury.  Also, if a mechanical engineered atty at our firm has an electronic invention, he is not going to muddle through it and produce an incompetent work product.  Rather, he is going to seek input from an EE in our firm, or simply give him the project.

That brings me to the next point -- be weary of the person who has too much time to spend with you.  There is a reason they have so much time.  

Next, fees and overall costs.  Don't simply ask about hourly rates.  That means absolutely nothing.  Ask about costs for each step of the processes.  Ask for a flat fee, or a not-to-exceed figure, or an estimate of how much the patent application will cost to "get on file".  

Hope this helps,
Tim
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