How to choose your Patent Attorney

Choosing a good patent attorney is essential when it comes to protecting intellectual property – your patent attorney will be with you throughout the commercialisation journey of your technology and you want them to be on the bus.

As such, when choosing a patent attorney to protect intellectual property, get the following tips in mind:

Tip 1 – choose your attorney by technology

All registered patent attorneys in Australia have a technical background. As such, to your patent attorney in the background suited to your technology.

While generally most patent attorneys can prepare mechanical type of patent specifications, when it comes to other fields of technology, such as software, electronics and chemistry, you should choose a patent attorney having the appropriate technical educational background in the field.

Tip 2 – use a registered patent attorney

All registered patent attorneys are registered in the patent attorney register maintained by the professional standards board. As such, check that your patent attorney is registered by visiting psb.gov.au and searching the patent attorney register.
Recently it has become possible that companies be registered as patent attorneys also provided the company has at least one patent attorney director.

Tip 3 – Get clarification on costs

Is a very important that you discuss costs with your patent attorney so as to not to experience IP protection cost overrun, potentially resulting in your having to abandon your IP rights.
Rather than a time billing arrangement, you should ask a patent attorney to provide fixed cost quotation is in advance so you have certainty with regards to your IP spend.

Tip 4 – Go local

It is very important that you have a good relationship with your patent attorney to be able to effectively achieve your IP protection goals. Using a local attorney in your time zone goes a long way to achieving this.

Many inventors seek to reduce costs by using overseas patent attorneys, such as those in the US, India and the like. However, in the event of poor work, or if the relationship sours, inventors are usually unable to seek redress because these foreign attorneys are not bound by Australian rules and regulations.

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