What Does A Patent Attorney Do?

You have a great invention and you know you want to visit an intellectual property practice to patent your idea. You’re ready to discuss your invention with a patent attorney but you don’t know what they can do for you. When you want to get your idea patented, here’s the role of your patent attorney.


When you meet with your patent attorney at an intellectual property practice, it’s the job of your attorney to determine whether or not your invention is worthy of a patent.

A good patent attorney will explain the necessary qualifications. There are four major qualifications: it has to be a process, machine, material, product, or an improvement on a previous invention; it needs to be purposeful; it has to be novel, and it must be new.


Patent attorneys are trained in a specialized area of the law. They have to go through rigorous training to become a lawyer in their field and the laws are constantly changing. Your patent lawyer simply knows the ins and outs of patent law that other lawyers don’t.

As such, they can help you document your invention and prepare you for filing the patent application. They will also help you obtain the patent and register it if the application is accepted.


When your invention is approved by the patent lawyer, your attorney will act as your legal representation during the application process. Additionally, they can also serve as litigators in the event your rights aren’t being protected in the patent.

You can always fill out the patent application yourself, but you may not have all your rights protected without the backing of a patent attorney.

Your patent lawyer will also handle any necessary cancellations and help you with any third-party disputes against your patent.

Keep in mind that everything can’t be patented. Your patent attorney will determine if your invention meets the sufficient level of qualifications, though most new inventions are able to receive a provisional patent application. When you’re looking for the best patent attorney, be sure to know what the essential questions to ask when hiring a patent attorney to get your idea patented.

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