Why Choosing the Right Patent Infringement Attorney Matters More Than You Think

Apr 15, 2017 | Firm News

Your patent infringement attorney constitutes a significant aspect of your lawsuit. The attorney can make or break your case.

Finding the right patent infringement attorney is vital. It’s your attorney who will figure out how to pursue your legal objectives. There most likely won’t be many variations in what your ultimate legal goal is, but there will be countless ways to get there. Finding the right patent infringement attorney involves special considerations that go beyond a lawyer’s resume.

Patent Infringement Attorney’s Qualifications

To practice as a patent law attorney, an individual isn’t just required to have a law school degree and pass a state’s bar exam. They must also have a science or technical degree and pass the patent bar exam. This second exam allows them to practice before the United States Patent and Trademark Office (USPTO).

In addition to looking for a licensed patent attorney, you should choose an attorney that has at least several years of experience dealing with patent infringement cases, especially in your industry. For example, if your patent infringement case involves an electronic device, you should ideally find a patent attorney who has training or an educational background in electronics.

Cost to Hire a Patent Infringement Attorney

In a patent infringement lawsuit, what’s usually at stake is money, whether it comes from damages recovered in a legal action or a court order stopping someone else from doing something that is leading to lost profits for you. Therefore, it won’t matter if your patent infringement attorney accomplishes all your legal goals if the monetary costs outweigh your financial benefits.

You’ll need to find an attorney who not only provides the legal services you require but can also do it at a reasonable price. All else being equal, you can save money on a patent attorney by choosing one from a smaller firm, in a less expensive area, such as the suburbs (versus downtown in a city). Also, depending on the facts of your case, you may not need to find a patent attorney close to your location. Phone calls and e-mails may be sufficient for you to communicate with your attorney, which means patent attorneys from all over the country are fair game. This will increase the potential patent lawyers for you to choose from, which in turn will allow you to be more selective in who you hire.

Communication Skills of the Patent Infringement Attorney

Patent law is unique and complex – after all, it requires the attorney to have special educational training as well as pass two law exams. To meet these educational and training requirements, obviously an individual must be very smart. But unfortunately, sometimes a person who has the legal, scientific or technical skills doesn’t have the communication skills to take full advantage of their ability.

For instance, an idea can be the best ever, but if the communication of it isn’t solid, it won’t matter. Given the technical nature of patents, it can often be tough to fully explain the idea, whether it’s to a client, judge, jury or another attorney. These speaking and writing skills don’t come easily. The last thing you want is to have a patent successfully attacked because your attorney couldn’t describe its function or why it deserves patent protection.

Which Patent Infringement Attorney Is Right for You?

Choosing the right patent infringement attorney is not as easy as simply finding a firm that practices patent law. It takes a unique set of skills that not all patent attorneys have. To learn more about finding the right patent infringement attorney, contact the Wilbanks Law Firm, P.C. online.