Three Things About a Patent Trademark Attorney That Might Shock You

Nov 1, 2017 | Patent Litigation

You might not believe the following things about patent trademark attorneys.

Patent trademark attorneys work in the intellectual property field, but they actually focus on two separate areas of the law. We’ll explain those two areas and discuss three things you may not know about patent trademark attorneys.

 #1: Patents and Trademarks Are Not the Same

Even though patents and trademarks are both considered types of intellectual property, they involve very different legal concepts. Patents refer to property rights that allow an individual or other legal entity to have exclusive rights to make, sell or use a particular invention for a limited time, such as a few decades. In the United States, the US Patent and Trademark Office grants patent property these rights.

In contrast, a trademark is also a property right, but it doesn’t protect an invention. Rather, it protects words, symbols, logos, images or phrases from improper use by competitors or other unauthorized users.

Most of the time, a trademark case will not involve patent issues and vice versa. But on occasion it does, and that’s where hiring a patent trademark attorney can be particularly helpful.

 #2: Patent Trademark Lawyers Might Be Good at Math

One of the running jokes about lawyers is that they are terrible at math. After all, why would someone choose a profession that involves almost no math if they are really good at math? But to become a patent attorney and pass the patent bar exam, an individual must be good at math. This is because they must have a technical, scientific or engineering degree to take the patent bar exam. This usually means the attorney received a bachelor’s degree in one of the following subjects:

  • Physics
  • Computer science
  • Biology
  • Chemistry
  • Aerospace engineering
  • Chemical engineering

These are math-heavy majors that require courses with titles such as orbital mechanics, differential calculus, compressible flow, statistics and thermodynamics. Someone who is weak in math might be able to squeeze through one calculus course, but not a dozen math-intensive classes.

 

#3: There’s More to Winning than Going to Court

Many people think of the courtroom when they think of lawyers, and patent trademark attorneys are no different. But resolving a legal dispute in the courtroom is expensive and very risky, as there’s always a risk of losing a case, no matter how strong it is. The best situation involves either getting what you want without getting to court or avoiding a courtroom battle in the first place.

A qualified patent trademark lawyer who is with you before litigation is even a possibility will be able to reduce the chances of getting involved in a lawsuit. There’s a saying that lawsuits exist because a prior attorney, such as one who helped prepare a contract or gave a legal opinion, messed up. That’s not always true, but it often is. By avoiding court altogether with the help of a solid attorney, clients can come out on top.

Visit us online to schedule your complimentary consultation with our legal team at Wilbanks Law Firm, P.C. or call (706) 335-2355 to hire a patent trademark attorney now.