Slashdot Mirror
Finding an Intellectual Property Patent Lawyer?
KFury asks: "With the recent questions on how to approach a VC firm and how to respond to a trademark cease and desist letter, I thought this question might be relevant. I'm looking for a reliable, relatively inexpensive patent lawyer specializing in Internet patents. With spam coming every week asking inventors to disclose their ideas to fly-by-nite companies, I'm a little concerned about going to just anyone with patent applications. Do any fellow slashdotters have experience with a particular attorney or firm that they can either recommend or warn people away from? All help is infinitely appreciated."
KFury also made this generous offer: "If this story is posted and I go with a firm reccomended by the readership, I will grant Slashdot.org (i.e. Andover.Net) 1% of the royalties earned on this patent.", so if we see any money from this, we'll donate it to the FSF or some other charity that you all decide.
I'd suggest donating the royality to The League for Programming Freedom. Especially if the patent in question is a software patent.
1: As was stated, the patent bar is the highest paid area of the law, IP arguably the highest within the group. There is a self-fullfilling prophecy at work that if the atty is not charging you at least $350/hour he is not worth using. This is great for the atty's as long as people keep believing it. It is possible to negotiate fees and incidentials...DO IT. When all is said and done, attys are service providers. You *will* find an atty that will do what you want the way you want it. Don't buy the general "I'm doing you a favor taking your money" routine.
2: Do not necessarily limit yourself to your local. In patent more than most other areas you do not necessarily need to be close to your atty. While it is nice and at times convienent, it can also hit you in the wallet. There is great talent around the country, don't limit yourself to a given neighborhood .
3: This is strictly a personal opinion, but I would focus on small to midsize firms rather than the big guys. From my personal experience I think you will get far better service, generally less multi-client billing issues , and a more flexible structure. Again, remember that the nature of the relationship should be on *your* terms. Far too many people still buy the "lawyers know things I don't know so I should just take the crap s/he dishes out." Negotiate, Negotiate, Negotiate.
I hope this made a bit of sense, I've had no coffee, the day is young and my brain is not yet on good terms with the rest of me.......
rootrot
I'm sorry, and I'll probably get downed for this, but I have to react to all the bullshit I have read in the earlier discussions of this nature (particularly the one about rasing venture capital).
Do we only support the open source and free software ideals when it fits us, just to conveniently forget them as soon as we have an idea we feel we could profit off? Why are the same people who complain about the way that patents, trade-secrets, and NDA's are stifling the efforts of Linux and other free software, suddenly ready to give advice on how to patent ideas, force NDA's on people, ad infinum? (go back and read the comments in the "how to find a vc" thread for more).
Ask yourself why you are in this game. If all you are after is getting rich you might as well pack up and go home: one idea is never going to be enough (maybe not never, but you might as well play the lottey). If you are in it for the sake of humanity and that of your idea, then you KNOW it is best off if you let it fly freely. I know we are born into the box that patenting your idea and taught to wing-clip our invovations, but this is slashdot for gods sake: we spend our time PREACHING that this is not the way to it.
Why can't we live up to that?
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We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.
1) Because no matter how great your idea is, most times greatness is measured in the execution not the idea.
2) They see lots of ideas come across their desks all the time. Its their Job & Livelihood. They not going to risk it just for your idea. BTW: Everyone thinks that THEIR IDEA is the one that's going to revolutionize the world. IP lawyers have seen it all. There is truly very little that is completely original.
3) Repeat after me: its in the execution.
Poiu
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"Don't anthropomorphize computers. They hate that."
Find out who other Internet companies use for their patents. I'm not sure if the name of the lawyer goes on the patent anywhere--if so, it would be easy to see what sort of work each lawyer does before you hire one. If not, you could call other Internet firms in the area and ask them.
Either way, I would ask any prospective lawyer to give you a sample of patents that the lawyer has filed and have been approved. Anyone who has been in the business two years or longer should have something that was approved that you could look at.
Whether you go with an attorney or do it yourself, I found the book "Patent It Yourself" by Pressman (Nolo Press) very useful.
Also consider simply making a disclosure to the patent office (you may also want to publish it in other venues, although that isn't necessary). That defends you against future infringement claims if someone else applies for a patent on the same invention after your disclosure, and it's very cheap.