Johnson and Phung PLLC
Patent and Trademark attorneys
General patent and trademark Information


Topics Covered

A. What Are Patent Lawyers?
B. Do You Need a Patent Lawyer to Apply for a Patent?
C. When to Consult a Patent Lawyer:
D. Value Your Idea:
E. Act Quickly:
F. Keep Records:


If you've come up with a new and valuable invention, it's important to protect it. This is done through a legal process called "patenting" or the filing of a patent application for your invention. Here's a simple summary of the key points:

A. What Are Patent Lawyers?

Patent lawyers play a crucial role in the complex world of intellectual property and patent law. Here's a simplified overview of what they do:

1. Expertise in Patent Law: Patent lawyers are experts in patent law, which is the set of rules and regulations governing patents. Patent lawyers need to know federal laws and ethical guidelines related to patents.

2. Filing Patent Applications: One of the Patent lawyers’ main tasks is helping inventors or creators file patent applications correctly and thoroughly. This includes creating a comprehensive document that describes the invention and its unique qualities.

3. Technical Knowledge: Many patent lawyers specialize in specific technical areas, which means they understand their clients' inventions in-depth. This expertise allows Patent lawyers to provide informed advice.

4. Managing the Process: Patent lawyers are familiar with the patent application process, including its requirements and timelines. Patent lawyers help clients navigate the complex procedures involved in obtaining a patent.

5. Thorough Research: Patent applications require extensive research to prove that the invention is truly unique and innovative. Patent lawyers ensure that the application includes all necessary written descriptions, drawings, and supporting documents.

6. Beyond Patent Acquisition: Patent lawyers don't just stop at helping clients obtain patents. Patent lawyers also assist with other legal matters, such as licensing the patent to others, handling re-examination processes, and even representing clients in patent infringement cases.
In essence, patent lawyers are vital partners for inventors and creators who want to protect their intellectual property. Patent lawyers provide guidance, expertise, and legal representation throughout the patent process, from application to enforcement.

B. Do You Need a Patent Lawyer to Apply for a Patent?

There are no requirements for an inventor to use a patent lawyer to apply for a patent, but the advantages far outweigh the disadvantages. Using a patent lawyer for your patent application is a good idea because:

The patenting process is extremely complicated and detail-oriented with numerous pitfalls and legal requirements. There are no standard forms to fill out in drafting a patent application. Instead, each patent application is drafted from scratch using specific patent language or wording to describe the invention. Using improper working, which is also referred to as claim structure, will result in an automatic rejection of the patent application by a patent examiner. As such, it is highly recommended to work with a patent lawyer, who is an expert in patent law as they can help you through the process and make sure your invention is properly protected.

There are different types of patents for different kinds of inventions, namely utility patent application, design patent application, provisional patent application, and plant application. A patent lawyer will also know the type of patents that will best protect your invention.

A patent lawyer will also help to protect your invention in different countries if an international patent application is the right option for you. Once you have been awarded a patent, a patent lawyer can help you take the necessary legal action against anyone who copies your invention.

Getting a patent takes time and effort, but it's a great way to protect your invention and your rights. Your patent lawyer can guide you through the whole process making the process smoother and better protect your invention.

C. When to Consult a Patent Lawyer:

It is recommended that you consult with a patent lawyer as early as possible after the conception of your invention to allow you to determine various timing deadlines, what to disclose and what not to disclosure to others, how to protect your current concept, and best practices to help you facilitate the patent process. Most patent lawyers will offer some sort of initial free consultation to help you get started.

D. Value Your Idea:

Think of your invention as a valuable property. Just like you'd protect your house from theft, your invention needs protection from others who might copy it. Working with a patent lawyer will help you to protect the largest scope of your invention to make it more difficult for potential competitors to try and design around your invention or eventual patent.

E. Act Quickly:
Working with a patent lawyer will allow you to act quickly to protect your invention. You should not wait too long to apply for a patent since there are possible timing deadlines that might prevent you from filing for a patent application if these deadlines are past. The sooner you start the process, the sooner your invention will be protected.

F. Keep Records:

Keep good records of everything related to your invention, like drawings, notes, and prototypes. This documentation is important for your patent application. If you need to talk about your invention with others, consider using legal agreements called "non-disclosure agreements" to keep it a secret.

*** Please note that the above information is only general information and should not be considered as legal advice. If you need specific legal advice regarding patent law or trademark law, feel free to reach out to the attorneys at Johnson and Phung for a free initial consultation at our “Contact Us” page at https://mnpatentlaw.com/contact-us/


Johnson and Phung PLLC
We are a Twin Cities patent law firm and Twin Cities trademark law firm that has been committed to helping clients with their Patent, Trademark, and Intellectual Property Law needs in Minneapolis, St. Paul, the Twin Cities metro area, Duluth, Mora, Rochester, Mankato, and all of greater Minnesota for over 40 years. All of our Minnesota patent attorneys and trademark attorneys are registered patent attorneys with each having over 20 years of experience."