Tag: The Business of Patent Law

Longevity Questions and Solutions for Hiring Solos

I have heard from large companies that they are reluctant to take on solo practitioners because they do not know if the solo will be around for the long haul. In other forms of law, such as family law or criminal law, the cases may span a few months. But in patent law, a case may take five to seven years to go from application to issue. In patent law, the longevity of the solo is a big issue, especially for larger companies.

When I respond to an Office action from the Patent Office, I can usually recall many of the details of a case, even though I wrote the case several years ago. When I draft a patent application, I ask for a lot of background information which includes the long term direction for the product we are protecting, the competitive landscape, and other related patent applications that are being filed. This type of information is not written into the text of the patent application, but is part of the context in which I write the application.

Doing an Office action on that patent application three years later, I can generally recall the circumstances of our original filing. Because I have that continuity, I can respond to the Office action appropriately with a response that meets the client’s business goals.

How does a client know that I am going to be here for the several years it will take to obtain a patent?

Moving to the Cloud for the Solo – Google is Not The Answer, but Microsoft May Be

Last summer, I was evacuated from my house with just a few minute’s warning due to a very large forest fire. Thankfully, I did not lose anything in the fire, except the good will that I had banked with some friends who let me mooch their guest room for a few days.

As I write this, another fire is burning a few hundred yards from my house, whipped by 50mph gusts. The latest fire is small and is being contained, but it still makes me think.

I have reviewed Google’s and Microsoft’s offerings for small business and without a doubt, I would never recommend Google, but I can recommend Microsoft.

Solos Can Produce Better Work

For several years, I have worked for a very large corporation as a solo. The client solved several difficult problems in order to employ solos and small firm attorneys, with the end result that the solos can produce better work, be more responsive, and can do so at a lower cost. In order to make this system work, the client manages all of the solos individually, which is no easy task.

The benefit is that the client gets some of the best patent attorneys to write their cases, and they know that only the specific attorney that they vetted will be working for them.

My client solved the problem of managing workloads for their solos with remarkable success.

The biggest problem for solo and small firm practitioners is that they cannot take large volumes of work. A solo cannot take fifty new cases and have them done in a month. Contrast this with a big firm with several dozen attorneys, who could take a large volume of work at any given time.

The problem with the big firms is that they can throw bodies at a large amount of work, but those bodies do not have the client knowledge, experience, or dedication to the work as a solo practitioner. In many cases, a big firm may have two or three attorneys who are familiar with the client, but many more who are not.

Because of this fact, the big firms will typically have larger quality variances than a solo practitioner would. The big firm attorneys who are familiar with the client might produce acceptable work, but the other attorneys in the firm might not. And you cannot create quality by having the experienced attorneys ‘review’ the work of the others. The old manufacturing adage: you cannot inspect-in quality.

Different Strokes

I have talked to several different patent solos recently and it seems that each of us has our own reasons for going solo, our own work habits, and our own preferences for an optimum work situation.

I am the kind of person that thrives on large amounts of work. I seem to do my best work when overloaded. It forces me to concentrate and focus on the work at hand. When I am concentrating, I can really turn the crank. And these cases tend to be my best, even though they come at a rapid pace. I have a very hard time when the work is light. I tend to be less focused and have a hard time getting started. I also tend to get burned out after an intense period and need some recovery time.

Contrast that with an attorney I spoke with the other day. He seemed to like a much less hectic pace and preferred to do much more involved and complicated patent applications. He was not very interested in high volume work, but he wanted very challenging and difficult cases.

Another attorney had a real sweet spot: not too much, but not too little. When he had too much work, it became a real problem for him and he had a tendency to freeze when he felt overloaded. However, when work was very light, he had a hard time getting started. When he had just the right amount of work, he wrote the best cases.

Thinking of Going Solo? Think processes.

I have met many people who have successfully transitioned to solo life as an attorney, patent agent, or other professional. I especially loved the opportunity because I got to make the entire business from scratch. On one hand, that is a terrifying thought where I had to figure everything out myself. On the other hand, it was immensely gratifying because I got to do things in a way that made sense to me.

As I was considering starting my own business, I spent a considerable amount of time designing processes with which I would run the business. I wanted to get on paper, or at least in my mind, how I was going to do things. I knew that I needed to be efficient, and I distinctly hate wasting time doing trivial things. So I set about trying to figure out how things would work smoothly.

The Art of the Patent Disclosure Interview

One of the most rewarding parts of patent law is the disclosure interview. This is where a good patent agent/attorney can add value far in excess of the fees collected.

A good disclosure interview is an opportunity to shape the invention into something that makes sense for the business as well as sets the proper expectations for the inventors. A good disclosure meeting is also brutally exhausting if done well.

I do all of my patent cases for a fixed fee. Because of this, I need to be efficient and thorough at every step. I view the disclosure interview as the most essential step that helps me do the highest quality work for a reasonable price.

A Letter To Someone Considering Starting a Solo Practice

Over the last few weeks, I have had the opportunity to talk to several new attorneys who are looking for work or who may be considering going solo. Here are a few thoughts that I have on the subject.

The Best Part of This Job

The best part of this job, by far and away, is the opportunity to work with extremely talented and enthusiastic inventors. In general, patent law is fun because the patent agent/attorney generally deals with happy, optimistic, and creative people. I often tell people that patent law is unique in that I only deal with happy people. There is no nastiness, fighting, heated arguments, or bad feelings. I suppose that may not be true when dealing with some examiners at the USPTO, but my experience is that a vast majority of the examiners are civil, intelligent, competent, and want to find a good solution.

Over the course of a year, I may have personal contact with maybe a hundred or more inventors. In many cases, these people are solid engineers, scientists, or developers who have identified a problem and solved the problem in an elegant manner. These inventors are the bread and butter of my day to day job, and they are always pleasant and responsive and working with them is a joy.

Subtle Effects of New Patent Rules – Changes to Inventor Recognition Programs

The new patent rules will cause many ripple effects throughout the practice of patent law. One thing that should be considered is how inventor recognition programs play into the new rules.

Quality Patents from the Client Perspective – You Do Not Know It When You See It

When I was a practicing engineer at a big company, several of my invention disclosures found their way to patent attorneys. I was fortunate enough to work with a good one and a bad one, although at the time I could not distinguish between the two.