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Originally Posted On: https://bltg-ip.com/6-steps-to-hiring-the-best-software-patent-lawyers/
6 Steps to Hiring the Best Software Patent Lawyers
Looking for the right software patent lawyers? Discover essential tips and pitfalls to avoid. Make informed decisions with our expert guide!
In summary:
- Validating the skill of software patent lawyers can ensure you find one able to align their legal strategy to your product and outreach efforts
- You can check their legal credentials at the U.S. Patent and Trademark Office (USPTO) and ensure they understand how to win a software-specific case
- Pilot a low-risk patent with the lawyer before committing to a more comprehensive portfolio of work
Software patents are an essential part of protecting your intellectual property, and a software patent lawyer combines technological expertise with legal efforts to protect them for you. When working with them, your goal will drive how you use them to your benefit, whether that means protecting your software in general or blocking specific rivals.
However, how do you ensure that you are hiring a software patent lawyer who fully understands how to offer you the best service possible?
Read on to learn the six best vetting techniques for ensuring technology law firms understand how software patents differ from simple intellectual property concepts. Discover how a skilled industry attorney can help you protect your assets and budget today.
1. Why Should You Hire a Patent Attorney?
A patent attorney will protect your intellectual property by turning any complex inventions you create into a patent claim you could potentially later enforce. They will then defend these to ensure you have the best chance of making a long-term profit from them.
As such, ensure that the lawyer understands areas of intellectual property law, such as:
- Software concepts and industry culture
- Common roadblocks when it comes to software patents
- Applying software intellectual rights
- How to judge patentability
- What it takes to align a patent with your business
- Methods to keep a patent application process on time and on budget
- Steps involved in legal representation
Verifying that they align with your business helps you in ongoing communication and understanding, offering a smoother partnership.
2. Do You Know What to Ask a Patent Lawyer During a Consultation?
You will have the opportunity to evaluate any lawyer you consult with. There are several questions you could ask them here to ensure they have the skills necessary to perform their role professionally. Some of these might include:
- “How many patents do you successfully and unsuccessfully file each year?”
- “What is your approach to the eligibility of AI features?”
- “Who will draft my application and who will review it?”
- “How regularly will you need one of our team involved?”
- “What is your plan if we receive a final rejection?”
3. Do They Understand Your Software?
In addition to the above questions about a lawyer’s legal capabilities, you should ensure they understand both software in general. You should also question them on your specific work.
Questions you may want to ask them include:
- “What do you understand about our software?”
- “What out of what we have developed would you patent?”
- “How would you describe our software architecture to a new employee?”
- “What will be the most challenging aspect of our software to document?”
4. Are They Licensed To Handle Patents?
Use the USPTO search function to confirm that they are registered as a professional patent lawyer. Here, you can also check for other important details, such as:
- Discipline history
- Potential competitor conflicts
- Their registration number for your records
- How long they have practiced for
You should also ask them about their technical degrees or experience with software, to ensure their education is relevant.
5. Can You Review Their Previous Software Patent Results?
Ask them for up to five previously-issued patents they had a hand in creating. Then, ask if they can offer you any records showing that they handled rejections professionally.
These details will show you that they have a comprehensive gamut of beneficial experiences.
6. What Do You Get When You Compare Prices?
Request the lawyer’s price menu, including whether there are fixed fees and if caps exist. Then, clarify precisely what the deliverables on each of their work items are, as well as what they consider to be the KPIs of each.
Agreeing on these ensures that you both understand the scope of work expected.
Frequently Asked Questions (FAQs)
What is a Patent Attorney’s Main Concern??
Their goal in the software industry is to leverage any technical advantages you have in your field to claim a patent. Doing this will ensure that others cannot copy it without breaching your patent.
During the patenting process, they will use their expertise to ensure that you do not face rejections due to things like:
- Obviousness
- Lack of novelty
- Lack of patentability
- AI-generation
They will also carefully align the patent with the aspects of your business that are most likely to generate revenue. Due to this, you can leverage the patent moving forward to ensure an ongoing income for your business.
Finally, a software patent lawyer will have a comprehensive understanding of the deadlines and costs involved in a patent application, and should keep you informed of any events that do not go as expected, so that you can take steps where relevant.
What Are the Benefits of Software Patent Lawyers?
An experienced software patent lawyer will not only have a comprehensive understanding of why patents are essential but will also be able to craft more robust patent applications. If the examiner pushes back against them, they should have the knowledge and experience to defend the patent and uphold its validity.
Using a patent lawyer also means that you are likely to progress faster in your application. They will have networked with key individuals in the patent office and understand the best methods of encouraging your application to move faster.
They can also work with you to select the original features that will offer the best “bang for their buck” following patenting.
Finally, they can offer you honest advice. This transparency can be essential to prevent you from making filing mistakes that will add to the challenge of defending them.
Make a Confident Choice of Software Patent Lawyer
After deciding what you want out of hiring professional software patent lawyers, use your initial consultation to align your interests. Then, enjoy the benefits of a patent lawyer who understands your interests.
With a dedicated software patent team, Berkeley Law & Technology Group LLP is ready to protect your intellectual property and ensure it remains profitable. To learn more about our services, call us to discuss our international patent protection efforts today.