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Too many inventors drop the ball when it comes to patent protection. The very first mistake they make is in the selection of their patent attorney. Overwhelmed with the uncertainty of being in unfamiliar territory, the inventor sometimes hires a firm based on size and looks. However, it must be appreciated that writing a good patent is a very specialized skill and a lot of firms are in the game for the money and not to provide a good service.
In selecting competent patent help, it is a good idea to look at previous patents written by the firm or the writer handling your case. This will give you an indication of the quality of work they provide. Also ask how much the client paid to have a particular patent written so you can gauge if it was worth it or not. You can even ask to speak with the client to see if they are happy with the service provided to them.
With a big firm, it is also important to realize that the senior attorney you are talking to for your initial consultation is often not the person who will be writing it. The person writing it is often an associate who you will never meet.
Another important tip is to look at your bill if you are paying by the hour. You will often notice that you are billed quite a bit by an associate and then a more senior attorney will bill a few hours to review the work. The associate will then start to bill again to make corrections/revisions that the senior attorney deems to be necessary.
When you see this in your bill, ask to see the version of the document before the corrections were made to determine if they are necessary. If they are not necessary, then why are you paying for it? Were you consulted before the revisions were made and your bill was increased? If not, then why?
Oftentimes, the document will be fine, but the revisions will be made anyways because the case has not been billed enough. I've even seen cases where the changes where made and then removed so that the document is back to where it was before. Of course, the client's bill is not.
Protect your interests and don't be afraid to stand up for yourself. Law firms spend a lot of time and money attracting new clients, so it hurts them when they lose one, especially one who will start to talk to other potential clients. It's more cost-effective for them to hold onto an existing client then it is to find a new one. Use this to your advantage, especially if you are going to be filing several patent applications.
If you are paying by the hour, put a ceiling on the amount you are willing to pay. Make them get permission from you to bill above this ceiling. Otherwise, you may as well just give them your debit card and pin number. Nobody wants to be used as an ATM machine. Another alternative is to look for a firm willing to charge a flat fee so you know what it will cost beforehand.
Greg L. Martinez