Most entrepreneurs do not know how to select a patent attorney. Inventors and entrepreneurs are often mystified by the prospect of selecting a patent attorney – and the patent attorney knows this. There are several patent attorneys in my area who give each client a large, bound volume that has their patent search results, their
Posts Categorized: Patent Basics
My patent was rejected by the patent examiner – what do I do?
First off, do not worry.
The back-and-forth process between the examiner and applicant is a necessary part of getting a strong patent allowed. You want the examiner to fully understand the invention and do a competent job of searching. If the examiner does a poor job, your patent will not withstand attack. You want the examiner to do a good job.
I encourage many of my inventors to do their own patent searches, especially when they are developing new ideas. There is nobody more qualified to perform a search than the inventor who knows their idea and can benefit from seeing other people’s versions of their idea.
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.
There are times when an inventor can be very myopic. There was one inventor several years ago who insisted on very specific definitions of his invention and would not permit any variation from his vision of the invention. The inventor would not consider any expansive definitions or alternatives to his idea. He was so fixated on his little view of the invention that he could not see how it could possibly be expanded.
As I work with a client to understand an invention and begin writing an application, I spend a considerable amount of time and effort to come up with different embodiments and alternatives for the concept. Since my background includes many years as a practicing engineer, patent holder, and entrepreneur, I have a unique vantage point to expand the scope of coverage for a patent application.