Patent attorney is a very interesting profession. Many people have insufficient knowledge concerning that profession. I managed to notice that it is associated with patents for inventions. It should not be surprising. It is suggested by the name „patent”. The mentioned patents are only a part of our everyday duties. They are not the most important ones.
Patent attorney – 50% engineer 50% lawyer
In Poland that profession has been existing since 100 years. In the year 2018 we will be celebrating a 100 years anniversary.
A patent attorney is a connection of an engineer and a lawyer profession.
Engineer because as a patent attorney he must have extensive technical knowledge. Inventions which he files into protection, can be from a very wide range of technique. From biotechnology, to mechanics or chemistry. In order to prepare an appropriate technical description, invention process must be understood.
Without an appropriate technical knowledge it is impossible.
Patent attorney uses legal knowledge before the Patent Office. He must know an appropriate regulations. It is needed to obtain for the client a protection of invention, utility model, industrial design or a trade mark.
Legal representative before the Court
Most people do not realize, but a Patent attorney can represent a client before a court.
Equally to advocate.
The only condition is that the case must concern industrial property right.
It means that a patent attorney can on your behalf register a trade mark in the Patent Office. He can also institute proceedings before a court against a company which infringes your trademark.
If someone accuses you of the violation of the right to someone else’s:
– technical solution
– to the appearance of a product or
– trademark
Than a patent attorney can help you. Similarly, if someone violates your rights.
Patent attorney on your behalf can correspond with the opponent. If necessary, he will represent you in court.
Industrial property right specialist
A patent attorney is a narrow specialization.
During the 3 years of the application we are only trained in matters related to intellectual property. We have classes from copyright, combating unfair competition. We learn to act before the courts and the Patent Office. No one will receive the title “patent attorney” if it is not able to create a good patent description.
In my opinion, this narrow specialization is an advantage.
In Poland, the future lawyers on the application actually learn everything.
From labour law to family law.
Even if they know that their work will be involved in one area, they must learn about everything.
We during 3 years are focused only at intellectual property.
Trademark protection
Although we are dealing with inventions, we more frequently help companies to protect their brand. It is logical. Not every company is so innovative to protect their technical solution. Each one uses original name. This name can be protected as a trademark in the Patent Office.
Patent attorney helps to create an appropriate brand protection strategy.
He can accomplish a trademark registrability research. It is checking if chosen name has a chance for protection.
He may specify in what form a trademark should be registered. Should it be done as a word or figurative trademark?
A trademark can be filed:
-in national procedure in Patent Office in Warsaw, in Poland
-in Community procedure (OHIM) in Alicante in Spain (on the territory of the European Union)
-in International Registration procedure (WIPO) in Geneva in Switzerland (on the chosen bunch of countries)
After registration a patent attorney can watch the deadlines for paying various fees.
And it is a very important issue. If you forget to renew, after 10 years a trademark protection, than, a trademark protection will expire.
I know from my experience, that when it comes to prolong protection, some of our clients are even surprised that they have protected trademark 🙂
Protection of industrial designs
A patent attorney can help you to protect your product.
In terms of its appearance or design. If you are a producer of:
-furniture;
-toys;
-wrappings;
-labels;
-finishing elements.
than you can protect it as industrial design.
Thanks to this unfair competition would not be able to get visually closer to your products.
And as we know people buy with their eyes. Sometimes a fancy shape encourages a buyer to choose a particular product.
In the European Union the registration of designs is instant. Even after 14 days from the filing, a protection certificate is obtained.
This is recently very popular among entrepreneurs.
To sum up
Patent attorney is mainly engaged in issues related to the Patent Office. He often advises on matters related to copyright and combating unfair competition. He provides legal advice, legal opinions and expertises.
As you can see patent attorney is a very interesting profession.
- Small company and trademark. When to file a trademark application? - 20 March 2018
- Trademark similarity: When does it lead to an infringement of the law? - 15 February 2018
- Rebranding – when it is a threat to your company? How not to lose a trademark? - 8 January 2018