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Author Topic: My patent attorney does not care  (Read 588 times)

samar

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My patent attorney does not care
« on: 05-22-17 at 03:03 pm »


Dears,
My patent attorney does not care after he took the money.
How can I make my patent attorney works better?
Is there an authority to complain to ?
Thanks
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fewyearsin

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Re: My patent attorney does not care
« Reply #1 on: 05-22-17 at 05:31 pm »

OED (Office of Enrollment and Discipline) at the USPTO handles that sort of thing, I believe.  However, I would try to work it out with your attorney first.  If you don't use attorneys very often, you may not realize how expensive they are and how little it seems that they do (like with a doctor who you might pay $400 to look at you, and they take 10 seconds and say "looks fine, come back in 6 months and we'll see if it's changed).  Often with patents, small clients feel ripped off when they spend 10-20k and still don't get a patent.  Big companies (1) have money to spend, and (2) realize that roughly 1/4 applications will never become a patent.  With individual/small inventors, it's probably closer to 1/2 of applications never become patents.  There are a lot of nuances, complicated requirements, luck of the draw, etc. that goes into getting a patent.

That said, if your attorney hasn't done the work you paid him to do, and/or hasn't done a competent job, you should definitely get to the bottom of it.

Good luck.
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Robert K S

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Re: My patent attorney does not care
« Reply #2 on: 05-22-17 at 05:50 pm »

I second the response by fewyearsin, but you might receive more appropriate feedback if you tell us more about the stage of the application process you are in.  Did you pay an attorney to draft a patent application, and find that the draft has gone uncompleted?  Was an application submitted and rejected?  Or is it just pending before the Patent Office prior to a first official action (which can take years)?

Your attorney owes you basic professional duties of competence, communication, and confidentiality, but these duties do not translate into a duty to guarantee that your invention will be awarded a patent, or even a duty to make it seem like the attorney assigns personal emotional importance to your application or to you as a client.  Not every invention is patentable, and sometimes there is no way to know that except to go through the patent process and (unfortunately) spend a lot of money along the way.
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.
 



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