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america invents act, IP, Patent

Finding A Patent Attorney Takes Time, But How Much Will You Have?

From an interview with a Dallas-based attorney:

“If somebody comes to you with an invention they’re excited about, if you care about your craft, you’re going to be excited about it,” Munck said. “They’re bringing you what they consider their baby, and you should want to see it the same way. That’s our job.”

Finding that sort of patent attorney takes time.

via Experts can help first-time inventers over patent hurdles – KansasCity.com.

But if the Patent Reform Act America Invents Act passes, will you have enough time to find “the one”? As I have repeatedly stated:

[A patent]attorney, under the new system, would need to convince [his client] that he needs authorization to immediately prepare and file a provisional application in order to avoid minimize the risk of having patent rights lost due to novelty or obviousness for things that happen in between conception and filing.

In fact, many patent attorneys are already advocating in favor of first-to-file and recommending immediate provisional applications as the de facto standard if FTF is implemented. A familiar face even offers a provisional application filing product for his customers.

I’ve never disputed that first-to-file would be good for patent attorneys.  I wonder if the patent attorneys interviewed in the Kansas City Star article have any thoughts about whether a first-to-file system is in the best interest of their clients …



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