Top patent law firms provide the best chances of winning your case.
Patent law is a unique area of legal practice where top patent law firms work extremely hard to provide the desired legal results for their clients. But how exactly can these law firms help their clients win their case and collect a judgment? Read on to find out.
Practice before the USPTO
The first step in winning a patent case involves hiring a representative who has the legal ability to help the client. The United States Patent and Trademark Office (USPTO) is the government agency that handles patents in the United States. Broadly speaking, the USPTO registers patents and helps patent holders enforce the legal rights provided by a patent.
But not just anyone can practice before the USPTO. Only qualified individuals may do so, and they usually consist of patent attorneys and patent agents. These individuals are the only ones who can accomplish certain patent legal tasks, such as submitting a patent application or filing an administrative appeal from the USPTO.
They Have the Necessary Training and Experience
For a patent law firm to provide effective legal representation, the firm must have individuals on staff who have the proper background. Unlike most law firms who have the majority of their attorneys with non-technical undergraduate degrees (like business history, sociology, and economics), patent law firms have attorneys who have a degree in a science or technology-related field. This means they will have the foundational knowledge to understand the intricacies and details of a patent litigation case.
There’s More to Winning that Getting a Verdict
Winning at trial is great, but if the winning side cannot collect a judgment, the win is actually a loss. This is because of the time and money it takes to try a case in court. So unless the client wants to litigate a case for reasons other than money, the patent attorney must be very aware of how much money his or her client could realistically recover from a defendant in a patent prosecution case.
For instance, if the defendant in a patent litigation case is a huge tech company like Apple or Google, then it’s safe to say they have the financial ability to pay a court judgment placed against them. But when the defendant is a small startup company surviving because the two founders took out a second mortgage on their homes, it may not make financial sense to take them to court to obtain a monetary judgment.
In these situations, a qualified patent attorney will recommend other legal solutions besides getting a monetary judgment in court. Therefore, a “win” for the plaintiff might be getting the defendant to agree not to continue selling a product that infringes on the plaintiff’s patent. Sure, the plaintiff may not recover damages from the patent infringement that already exists, but they can at least stop the damage from getting worse. To expect more may be unrealistic. A qualified patent attorney will help his or her client understand this decision.