Abogados de Patents

Patents Lawyers in the United States

A patent gives you the legal right to exclude others from making, selling, or using your invention for a set period. The United States Patent and Trademark Office (USPTO) receives over 600,000 patent applications each year, and the process of securing one is technical, competitive, and often frustrating without the right help.

What Patent Law Covers

Patent law deals with the protection of inventions, designs, and processes. There are three main types: utility patents (covering how something works), design patents (covering how something looks), and plant patents (covering new plant varieties). Utility patents make up roughly 90% of all applications filed.

Patent attorneys handle everything from prior art searches and application drafting to prosecution before the USPTO. They also represent clients in patent infringement disputes, licensing negotiations, and post-grant proceedings like inter partes review. Because patent law sits at the intersection of law and science, attorneys in this field typically hold technical degrees in engineering, chemistry, biology, or computer science.

When to Hire a Patent Lawyer

• You've developed a new product, process, or design and want to protect it before going to market
• You received a patent infringement cease-and-desist letter or lawsuit
• You need to conduct a freedom-to-operate analysis before launching a product
• Your patent application was rejected by the USPTO and you need to file an appeal or amendment
• You want to license your patent to another company or negotiate royalty agreements

How the Patent Process Works

The process starts with a prior art search to determine whether your invention is truly new. Your attorney then drafts a patent application with detailed claims and specifications describing the invention. This application goes to the USPTO, where an examiner reviews it.

Expect back-and-forth communication with the examiner — most applications face at least one office action (a formal objection or rejection). The average time from filing to receiving a granted patent is about 23 months, though complex technologies can take longer. Once granted, a utility patent lasts 20 years from the filing date.

How Patent Compensation and Damages Are Calculated

• Lost profits — the money you would have earned if the infringer hadn't competed using your patented invention
• Reasonable royalties — a court-determined licensing fee the infringer should have paid to use your patent legally
• Enhanced damages up to three times the actual amount in cases of willful infringement
• Disgorgement of the infringer's profits in certain design patent cases
• Attorney fees awarded to the prevailing party in exceptional cases

Frequently Asked Questions

Do I need a patent attorney, or can I file on my own?

You can file a patent application yourself — the USPTO even has a pro se assistance program. However, poorly drafted claims are one of the top reasons patents get rejected or end up too narrow to be useful. A qualified patent attorney knows how to write claims that maximize your protection.

What's the difference between a patent attorney and a patent agent?

Both can represent you before the USPTO and must pass the patent bar exam. The difference is that a patent attorney also holds a law license, which means they can represent you in federal court for infringement lawsuits. A patent agent cannot litigate on your behalf.