You’ve invented something revolutionary that is creating a breakthrough in the market. However, a competitor recently released a product that is strangely similar to yours. The product is your intellectual property, so you have the right to take this matter to court. The next step is to hire a patent lawyer.

Patent lawyers are often confused with patent attorneys. A patent attorney usually deals with the application process of a patent as they have the technical specialties to ensure your filed patent is watertight. On the other hand, patent lawyers specialise in intellectual property law and deal mostly in litigation. A patent lawyer can help you protect and commercialise your patent, as well as enforce it to make sure no one recreates your ideas.

Complexity of Intellectual Property Law

A patent lawyer will be able to help you navigate the complex area of patents. Protection doesn’t only mean having the patent, it means enforcing it. In order to preserve your commercial advantage, this usually includes taking those who have stolen your ideas to court.

In reality, oftentimes, infringement can be difficult to detect, and even harder to prove. A key example is gene or biotechnology industry. Here, due to strict guidelines, many companies have not released any commercialised products yet. Even if you held suspicion that these companies had been using patented biotechnology tools, it would be difficult to discover the exact area of infringement.

Intellectual property law involves a series of complex legal procedures. A defendant could file a counter-claim for “revocation” and demanding the patent holder prove that the rights are valid and that they have been infringed. There are also a number of defences to patent infringement that further muddy the waters for this area of law.

Hiring an experienced patent lawyer will help you effectively protect your patent rights to make sure you are not blind-sighted.

Initial Costs and Long-Term Benefits

For an inventor or start-up, the costs associated with hiring legal help can seem intimidating and an unnecessary expense. However, patent lawyers will enhance the commercial value of a patent in the long run. For example, a lawyer could help a patent holder with licence agreements – a great way to boost the commercial value of the intellectual property (IP). A licence would grant third parties rights to use the IP, with terms and conditions set out by the patent holder. As licensing agreements are divisible by location, business types, or could be one-off, the commercial value in the long run could be significant.

Although the initial legal costs may prove worthwhile to build and protect your patent in the long run, it is understandable that these costs are often unpredictable and very expensive. LawPath’s Lawyer Directory offers fixed-price quotes on patent lawyers so you can find the right lawyer suitable for your needs.

Conclusion

Having a patent is a great starting point, but is not all that is needed to protect your intellectual property. Having adequate representation to enforce your patent and gain expert advice on increasing the commercial value of it is essential in fulfilling your goals. Hire a suitable patent lawyer who is tailored to your individual situation with LawPath.

Hiring a patent lawyer? Contact a LawPath consultant on 1800 529 728 to learn more about obtaining a fixed-fee quote from our lawyer marketplace of 750+ lawyers or for any other legal needs.

Diana Liu

Diana is a Legal Intern at LawPath working with the content team. With an interest in torts law and commercial law, she is currently completing a Bachelor of Laws as well as a Bachelor of Commerce at the University of New South Wales (UNSW).