Get a personal reference from someone you trust before you retain a lawyer. Many websites offer help finding lawyers, but use caution when trusting a website. Make sure the source is reputable.
It’s also important for you to know what to look for. You want a lawyer who:
- Is ethical
- Knows the field and is familiar with related patents
- Is accomplished with a good track record
- Knows and understands what the Patent Examiner wants and needs to approve your application
- Understands the language of the field to give you the most complete and broad protection you deserve
Many colleges and universities have some sort of legal services program for students. See if your school does, and start there. They can give you some tips and likely some names of local lawyers who specialize in business or intellectual property law.
Once you get a list of candidates, consider putting these questions to your potential lawyers when you have them on the phone:
- How long have you been in practice?
- How much experience do you have?
- Is this a standard issue with a basic fee or more complex with an hourly fee?
- Is there a fee for the initial consultation?
Review the answers from each phone interview. Make an appointment with a lawyer who can deal with your legal issue in a timely matter, has an interest in your business, and makes you feel comfortable.
Source
The US Patent and Trademark Office sets forth requirements for individuals who will represent it. However, because of these requirements in legal, scientific, and technical fields, there is a shortage of lawyers who are qualified to represent. To make up for this gap in the demand of representatives, the office allows “any citizen of the United States, who is not an attorney, and who fulfills the requirements…to be registered as a patent agent to practice before the office.” However, patent agents are limited in their roles—they are not allowed to practice law, but they are perfect for helping an applicant through the process.
“Academic institutions are sending work to patent agents in solo practice. The sole practitioner, on average, charges lower fees than a larger firm and provides more personalized service. For the startup Corporation or an institution on a tight budget, using the services of a patent agent in solo practice may be a plausible solution.”
From “The Role of the Patent Agent in the Patent Process” by Joy Bryant. Cafezine, January 1, 1999.
