Why would anyone need legal representation concerning patents? After all, doesn’t a federal office exist to protect both patent filers and existing patents? It’s certainly true that inventors may file on their own, but there are a number of reasons why it makes sense to have such filing done by an attorney, not least of which that doing so means that the filing has been done correctly. This helps to guarantee protection in case of litigation.
Why Would Your Case End Up in Court?
If you’ve created a desirable product, rest assured that others will claim that they’ve thought of it first. They may not only go ahead and take credit for the idea, they may go ahead and actually start producing their version of your product. Without paying or acknowledging you, of course. That’s not legal, you say? You’re right of course, but this must be legally proven, and here’s where that patent attorney again comes in handy.
A lawyer can file a preliminary injunction against a competing party to prevent unauthorized versions of your product from being marketed before the litigation process begins. This process must be shown to have legal merit before being allowed to proceed, and an experienced attorney 0f techpats can make sure that all criteria points are met. Legal assistance can also help you win both summary and declaratory judgements. A summary judgment indicates the case is fairly straightforward, with one side generally prevailing. A declaratory judgement indicates that multiple parties have claims to patent rights and profits. Declaratory judgements are often issued when there is more than one holder of a single patent, or heirs are involved. Again, patent disputes are not always as clear cut as they may seem, and patent attorneys can make sure that the rights of their clients are protected. An attorney can also represent a client in appellate court, in case litigation outcome results in a loss or an unsatisfactory or contested judgement. And by using the resources of a legal firm in the period before the case comes to court, clients are assured of professional investigations, witness interviewing, evidence collection, and any necessary motion or brief filing.
So while it is correct that “anyone” can file a patent, to protect both the client and the patent in question when patent rights are in question, a patent attorney should always be consulted.