Thoughts on Choosing a Patent Attorney

There are many ways to choose a patent attorney.

Certainly, one could make a snap judgment based merely on hourly rates.  Or one could quickly decide the matter by weighing expected fees.

And although we compare very favorably on each of these benchmarks, from discussions with many clients, it seems that in many common situations, other attributes can be much more important.

For example, while sometimes difficult to measure, quality and efficiency can have a huge bearing on the overall value provided by the patent attorney.  Thus many clients value a demonstrated long-term commitment to continuous improvement, rather than the avaricious, short-term focused atmosphere found at too many firms.

Patent law continues to change rapidly, especially in the courts.  Consequently, some appreciate an attorney who stays current enough to modify approaches based on where the law is going, rather than blindly following outdated traditions that can lead to toothless patents when the time comes to license or litigate.

Others value the patent attorney's business knowledge and strategic advice.  After all, patents should be part of an integrated business strategy and should be pursued according to a plan to obtain a fair return on the investment, given the expected risks.

Additional considerations can be the warmth of the relationship, or the ability to complete matters relatively quickly or when promised.

Of course, given the tremendous variance from one attorney to another, choosing a patent attorney is predicated on having control over which specific attorney works on your matters.  Some clients have found this control missing when dealing with a large group of patent attorneys.  Instead, they have suffered the frustration of training a parade of inexperienced patent attorneys, with the expected mixed and frequently expensive results.

So there can be more to consider than simply hourly rates or estimated fees.  Feel free to contact us to explore these thoughts further.

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