Have you invented a revolutionizing product that you believe will be successful in the marketplace? This revolutionary product may be a part of your intellectual property arsenal and you should strongly consider filing a patent application to protect it. Many inventors face a dilemma of whether to register patents themselves or hire a patent lawyer or agent.
The Patent Act, an intellectual property statute, does not mandate the need for a lawyer or agent when filing a patent application. However, hiring a patent lawyer or agent is always recommended and beneficial. If you are confused, then here are some reasons why you should hire a lawyer or agent:
Extensive Understanding of Intellectual Property Law
Law is a complex subject and often beyond the understanding of a layperson. A person with little or no experience may find it difficult to go through the patent process. If you lack knowledge of the law and the procedures, there is a greater chance of making mistakes in your application. These mistakes can be the difference between obtaining an issued patent or receiving a rejection from the patent office. A patent lawyer or agent is well-versed with the law and legal aspects and is abreast with trends. Thus, it is preferable to work alongside a lawyer or agent when going through the patent process.
Skilled Research
Understanding how other technology and inventions and case law can affect your potential success is important. Most inventors are capable of doing research into their inventions, however they may overlook some technologies or misunderstand the potential issues with a reference. This can result in missing out on the opportunity to broad protection of an invention or missing out on obtaining an issued patent. A lawyer or agent can provide guidance into how an Examiner is likely to view a patent application and assist in preparing a detailed application to improve the chances of successfully obtaining an issued patent.
Complexity of Patent Drafting and Filing
The application drafting and patent filing may seem straightforward, but it is not. Various guidelines need to be followed. Descriptions and diagrams need to be precise yet they should offer a broad scope of protection. Patent lawyers and agents are used to drafting patent applications and their experience can be used to increase your chances of success.
Defending Patents
In the event that an Examiner rejects your application, you need to be prepared to make amendments to the patent claims and provide arguments in an attempt to have your application allowed. Furthermore, in the event of an infringement allegation by a third party, you may wish to obtain legal expertise to argue on your behalf. The same also applies to the case of infringement proceedings initiated by you. It is highly recommended to work with a patent lawyer or agent during examination of your patent application and in infringement cases.
Early Patent Filing
To ensure patent protection, you may consider claiming an early filing date. Juggling between the first application and the following one is demanding. And, if not done correctly, it can lead to rejection. To prevent this, it is best to hire a competent patent lawyer or agent.
International Protection
If you want to protect your invention in Canada, as well as abroad, you may wish to file an international patent application under the Patent Cooperation Treaty. Error-filled application and non-compliance with international laws may result in the rejection of your application. Since patent lawyers and agents have an understanding of international intellectual property law, it’s best to work with them.
If you want to obtain a patent, consult our team of professionals at Prowse Barrette LLP to enhance your chance of success.