Do You Need a Patent Attorney?

What is a patent attorney?

A patent attorney is a qualified legal professional who specialises in areas of intellectual property law, including patents and design rights. They also have a technical or scientific background which helps them understand how an innovation works and what its unique qualities are. For example, Phil has a master’s degree in engineering which means he specialises in engineering patent cases.

What do patent attorneys do?

Patent attorneys will guide businesses through the process to protect their innovation under intellectual property laws. This involves everything from advising on whether an idea is patentable to drafting an application, filing it within the correct jurisdiction and enforcing a patent once granted. Some attorneys can also advise on your IP rights for registered and unregistered designs.

Including patent attorneys as early as possible in the product development phase will help you get the most value from your product and ensure it’s protected under law. They can also work with you on an IP strategy that maximises your budget across all markets and leverages the full value of your legal protection.

How can you find the right patent attorney?

When you’re searching for patent attorneys, you should look for the following qualities:

  • Qualification or expertise in technical areas relevant to your product. For example, an attorney may have a specialism in engineering (which would be suitable for mechanical or electrical products) or chemistry (which is best for pharmaceuticals or cosmetics)

  • Recommendations from businesses that are a similar size to yours, such as startups or SMEs

  • Membership of the Chartered Institute of Patent Attorneys (CIPA) and other relevant accreditations

Once you have a shortlist of options, we’d recommend booking a free consultation with each of them. This will help you see if the attorney fits your way of working and has the expertise your business needs.

Do they add value to your business?

Connecting with a patent attorney is valuable for innovative businesses of any size. Having a long-term relationship with one means you can get more from your product development process. It’ll help you create a patentable design, get adequate protection as soon as possible and ensure competitive advantage.

They can also help you develop an IP strategy which covers your innovations correctly in the relevant markets, make the most of your budget and fully leverage patent value. This can include streamlining which jurisdictions you submit patent applications to, getting a unitary patent or opening up a new income stream through licensing.

Phil, a chartered patent attorney, stands with a tablet looking down the lens.