Dallas Patent Attorneys & Lawyers
How it Works
John T Davis
Dallas Patent Lawyers
Why Hire a Patent Attorney?
There is a lot of complex research required before a patent application is filed. Lawyers have access to search resources that are not usually available to the public. This makes it easier for a patent attorney to do the research than for an inventor to accomplish the task.What Is an Attorney?
An attorney is a licensed professional who advises clients on legal matters. Other names in the United States by which these professionals are known include "lawyer," "counsel," and "counselor." In some countries, the term "notary public" describes someone who practices law. In the U.S., a lawyer might also be a notary, but a notary is a lawyer. Be certain that anyone you consider hiring in Dallas has a license to practice law in Texas.What Is a Patent?
A patent for an invention is the granting of property rights to the inventor or scientist. The United States Patent and Trademark Office doesn't grant the patent holder "the right to make, use, offer for sale, or sell" the invention in the United States. It excludes others from doing so. This protects the applicant for a specified number of years.
There are three types of patents granted in the United States. A patent attorney will help you decide which one you need.
- Design Patent — Granted to an inventor of "a new, original, and ornamental design for an article of manufacture."
- Utility Patent — Granted to an inventor or someone who "discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof."
- Plant Patent — Granted to a person who "discovers and asexually reproduces any distinct and new variety of plant."
Among the services offered by patent lawyers are:
- Determining whether an invention is patentable. Is it innovative, novel, or useful?
- Performing patent research for patents awarded in the United States and other countries. Are there any potential cases of patent infringement?
- Compiling required data, drawings, and other papers.
- Completing all application documents.
- Filing patent application with the USPTO and paying patent application fees.
How to Find the Best Patent Attorney in Dallas
Texas boasts the third-highest number of attorneys practicing patent law. With so many lawyers from which to choose, you should try to get a referral from someone you trust. If you know someone who received a patent in Dallas, ask your associate which patent lawyer they hired.
UpCounsel also lists the top patent attorneys in Dallas. Once you have the names of attorneys who might help you, there are several steps you must take.Before Meeting With the Attorney
Read through the attorney profiles on UpCounsel, paying attention to the following:
- What universities did the lawyer attend?
- What law school did the attorney attend?
- How long has the attorney been practicing law?
- In what areas of business law does the attorney specialize?
- How many clients applying for a patent has the attorney helped?
When meeting with a patent attorney for the first time, consider the following:
- Where is the office located?
- What are the attorney's office hours?
- How easy is it to get an appointment?
- Is the office professional-looking?
- Does the attorney understand what help you need?
- Did the attorney pay attention to what you were saying?
- Has the attorney applied for their own patent?
- How much of what you need will the attorney ask a paralegal to do?
- How many attorneys work in the office?
- How much time does the attorney have for assisting you?
Two important factors to take into account after your meeting include the following:
- Disciplinary Actions — Have any disciplinary actions been filed against the attorney or the law firm? In Texas, the Board of Disciplinary Appeals, an independent statewide adjudicatory body of 12 attorneys, hears attorney disciplinary cases. The board follows the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure.
- Comfort Level — Are you comfortable discussing all phases in the creation of your invention with the attorney? Do you have any problems showing your invention to the lawyer and demonstrating its use, if applicable? You need to tell the attorney everything you can about your invention and be willing to answer any questions the lawyer asks.
Questions for a Patent Attorney
- What services does your firm offer?
- Have you assisted clients in my industry?
- Have you helped clients planning a business undertaking like mine?
- Have you worked with companies in the early stages of planning their business venture?
- How can I protect my intellectual property?
- Do I need to trademark anything?
- What licenses do I need?
- What contracts do I need?
- Which attorney in your firm will be helping me?
- How much time will an attorney in your firm spend each week helping me?
- What is your firm's hourly rate?
- Does your rate vary according to the type of work performed?
Why use UpCounsel to hire a Dallas Patent Attorney?
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Legal Services Offered by Our On-Demand Dallas Patent Attorneys
Our experienced Dallas patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.
Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.
Our Dallas patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.
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- 7 min read
What Is the Patent Status?
Checking the patent status of your patent application, which is typically a utility patent, is easy through the United States (U.S.) Patent Office and Trademark Office (USTPO) system. Patents for inventions under review by the USPTO carry a patent pending status until the USPTO grants a patent.
How to Check Patent Status
Patent status is available through the Patent Application Information Retrieval (PAIR) system. PAIR gives access to:
- The status of issued patents
- The status of patent applications
- Documents related to patent applications
- 7 min read
Updated November 27, 2020:
What Is On-Sale Bar?
On-sale bar is a statutory bar found in Section 102 of the United States Patent Act and can make a patent invalid if the claimed invention has been the subject of an offer for sale or commercial sale and the invention is ready to be patented. Other countries have different requirements around private and public sales of patentable ideas, so putting an idea or product up for sale could prevent you from obtaining a patent outside of the U.S. as well.
If you don't file for patent protection with the United States Patent an
- 8 min read
Updated June 24, 2020:
How Do I Get a Patent?
To get a patent, you need to make sure your idea is patentable, which requires that your invention is fully developed and that no one else has already patented it, and then file an application with the United States Patent and Trademark Office (USPTO) which can be a complex process depending on patent type (utility, design, plant, or software patent).
What Is a Patent?
- 9 min read
Updated July 8, 2020:
What is a Software Patent?
A software patent is a property right that protects computer programs or any performance of a computer from computer programs. A software patent is considered a type of utility patent with no true legal definition. Software patents are a topic of controversy both in the United states and around the world.
A software patent differs from a software copyright. Both protect the product, but a copyright only covers the expression of an idea. For example, it might cover only the exact written code of a software program. Software patents and software copyrights are both a part of
- 12 min read
Patent Prototype: What Is It?
A patent prototype is a model, first creation, draft, or patent drawing of an invention. Prototypes are excellent ways to prove your concept or idea, but are not required in the patent application process by the United States Patent Office (USPO). This means you do not need a prototype to attain a patent and likewise, don't need a patent to create a prototype.
A patent signifies ownership of an invention or idea and protects the owner from infringement of that patent. Patent applications should be as detailed and thorough as possible. To show details, many applications include patent drawings or prototypes. So, while a prototype is not required fo