Are you considering protecting your new product or technology by applying for a patent? As you explore how the process works, you’ll likely come across the recommendation to consult a patent attorney. But who exactly is a patent attorney, and how can they help you safeguard your invention?

Technically Trained

A patent attorney has a university degree in a technical field. This means they have the necessary technical knowledge to understand your invention and its implications. However, while developing a new product is mainly a technical process, securing a patent is more of a legal matter. The rules governing patent acquisition are outlined in national laws and international treaties. Therefore, it’s essential not only to understand the invention itself but also the legal frameworks surrounding patents.

Legally and Practically Trained

In addition to their technical education, a patent attorney must complete a specialised legal training program. This includes studying patent laws such as the Dutch Patent Act and the European Patent Convention, as well as regulations in other jurisdictions like the United States. Furthermore, they undergo a three-year apprenticeship under the supervision of a qualified patent attorney. This allows them to gain both legal knowledge and practical experience.

Only after successfully completing this apprenticeship and passing all required legal exams can someone officially use the legally protected title of “patent attorney.” A Dutch patent attorney is authorised to represent you at the Dutch Patent Office, while a European patent attorney can represent you at the European Patent Office.

More Questions, More Advice

In summary, a patent attorney possesses both the technical expertise to understand your invention and the legal expertise to navigate patent law. This unique combination enables them to provide tailored advice on the best strategy to secure patent protection for your invention.