SCAM SITES
These are typically web sites that have no hard contact information, that is, no phone or fax numbers to call and contact a representative, much less a patent attorney, directly. They often only have a web site and do not offer much or may promise you the world, including a “guaranteed” patent.

Those that have been patenting inventions/ideas know that there is no such thing as a “guaranteed” patent. What is patentable is determined by the references found in a patent search and what the patent examiner determines it to be. A good attorney can “help” an examiner see what is patentable.

INVENTION DEVELOPMENT SITES
These sites often have engineering facilities and want to further develop your product/idea, at your cost, to make it more “market friendly,” “easier to produce/manufacture,” “easier to operate,” etc. Once again, there is usually not a patent attorney associated with them. If you speak with one of these places and you inquire about patent attorneys, the subject is often quickly changed. When asked about speaking with a patent attorney, the response is usually similar to “they’re too busy right now” or "they're in another area waiting to see your invention."

Ask yourself, “do I want to do business with people too busy to talk to me?” that is, if they are even truly there.

PATENT AGENTS
These are people who have taken and passed the patent bar, like a patent attorney. This enables them to practice and prosecute patents before the United States Patent and Trademark Office (USPTO). Unfortunately, that is all they are able to do for you. If you want to procure a Copyright or Trademark, you must seek an attorney. If you want to enforce your expensive, hard fought patent rights, you must seek an attorney. If you want a legal opinion, such as if an invention is patentable or if another invention is infringing your rights, you must seek an attorney.

Often, but not necessarily, patent agents are slightly less expensive for obtaining a patent. However, when you would like to protect your rights, you will have to seek out and pay an attorney to review the complete file and become familiar with the invention prosecution history.

If you had an attorney work obtain your Patent and have the same attorney do the litigation work, they will already be familiar with your file and therefore, will have to spend less time reviewing the history of the patent and potentially saving you money.

PATENT ATTORNEYS
Patent Attorneys have gone through law school and passed at least one state bar, as well as the patent bar. Therefore, they are able to practice both in front of the USPTO and in a court of law. That means Patent Attorneys are able to give legal opinions on the patentability of an invention and infringement issues.

If litigation is required to protect your rights, they can help you through the legal process and see the case through court. Additionally, if you require a Trademark, Copyright, or assistance in securing, selling, or licensing rights, a patent attorney can also obtain those rights for you.

Patent Attorneys can also help protect your rights while protection is being obtained through confidentiality agreements and other methods.

Please contact Olszewski & Associates, PLC with any questions.